Matter of Gaillard v. Lavine

Full title: In the Matter of VERLENE GAILLARD et al., Respondents, v. ABE LAVINE, as…

Court: Court of Appeals of the State of New York

Date published: Oct 28, 1976

357 N.E.2d 1022 (N.Y. 1976)

357 N.E.2d 1022

389 N.Y.S.2d 367

Opinion

Argued October 18, 1976

Decided October 28, 1976

Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. Since the order of the Appellate Division directs the Department of Social Services to process the claims of the individual petitioners on the merits, the remand contemplates more than merely ministerial action. (Cohen and Karger, Powers of the New York Court of Appeals, § 11, p 47.)