Matter of Konigsberg v. Coughlin

Full title: In the Matter of HAROLD KONIGSBERG, Appellant, v. THOMAS COUGHLIN, as…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Jan 13, 1994

200 A.D.2d 848 (N.Y. App. Div. 1994)

608 N.Y.S.2d 883

Opinion

January 13, 1994

Appeal from the Supreme Court, Clinton County (Lewis, J.).

This appeal must be dismissed insofar as the denial of an ex parte order to show cause is not appealable. In any event, were we to reach the merits, it is clear that petitioner's application was patently frivolous and under no circumstances could he have prevailed in this CPLR article 78 proceeding.

Cardona, P.J., Mercure, Casey, Weiss and Yesawich Jr., JJ., concur. Ordered that the appeal is dismissed, without costs.