Kline Sons, Inc. v. State

Full title: WILLIAM J. KLINE SONS, INC., Appellant, v. STATE OF NEW YORK, Respondent…

Court: Court of Appeals of the State of New York

Date published: Jun 6, 1974

34 N.Y.2d 805 (N.Y. 1974)

359 N.Y.S.2d 42

316 N.E.2d 329

Opinion

Submitted April 29, 1974

Decided June 6, 1974

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. COOKE, J.

Louis J. Lefkowitz, Attorney-General ( J. Lawson Brown of counsel), for motion.

John T. DeGraff opposed.

Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that it does not lie as of right under CPLR 5601 (subd. [d]) since the order of the Appellate Division was in substance one of modification by which claimant-appellant was not aggrieved (CPLR 5601, subd. [a], par. [iii]).