John Grace Co. v. State University Construction Fund

Full title: JOHN GRACE CO., INC., Respondent, v. STATE UNIVERSITY CONSTRUCTION FUND…

Court: Court of Appeals of the State of New York

Date published: Mar 24, 1977

41 N.Y.2d 943 (N.Y. 1977)

394 N.Y.S.2d 640

363 N.E.2d 364

Opinion

Submitted February 14, 1977

Decided March 24, 1977

Motions for leave to appeal dismissed, with $20 costs and necessary reproduction disbursements, upon the ground that the nonfinal orders sought to be appealed from were entered in actions, not proceedings, and therefore are not ones which come within the provisions of CPLR 5602 (subd [a], par 2). (See, e.g., Ofenloch v Gaynor, 28 N.Y.2d 806; Regenbogen v Rent Stabilization Assn. of N.Y. City, 31 N.Y.2d 668.)