Garcia v. City of New York

Full title: MIGUEL GARCIA, Appellant, v. CITY OF NEW YORK, Respondent, and GREGORY…

Court: Court of Appeals of the State of New York

Date published: Dec 20, 1984

64 N.Y.2d 735 (N.Y. 1984)

485 N.Y.S.2d 752

475 N.E.2d 123

Opinion

Submitted October 15, 1984

Decided December 20, 1984

Motion for leave to appeal, etc., dismissed, with $20 costs and necessary reproduction disbursements to respondent City, upon the ground that the prior order of the Appellate Division sought to be appealed from does not finally determine the action within the meaning of the Constitution; however, if that prior order "necessarily affects" the final determination, it may be reviewed upon plaintiff's pending appeal taken as of right from the final order of the Appellate Division (CPLR 5501, subd [a], par 1; see Matter of Aho, 39 N.Y.2d 241, 248).