Opinion
September 16, 1976
Appeal from the Erie Supreme Court.
Present — Marsh, P.J., Simons, Mahoney, Dillon and Witmer, JJ. (Decided Aug. 26, 1976.)
Appeal unanimously dismissed, without costs. Memorandum: Appellant appeals from a decision of Special Term dismissing his petition to vacate and annul the determination of respondent Board of Elections accepting designating petition containing the names of respondent Victor E. Manz for Erie County Family Court Judge and respondent Michael A. Amico for Erie County Sheriff, and for other relief. No order or judgment has been entered on Special Term's decision and no written notice of appeal has been filed or served. No appeal lies from a decision on which an order or judgment has not been entered (People v Murphy, 36 A.D.2d 684; Bank of Utica v Castle Ford, 36 A.D.2d 6, 10; Matter of Lust, 35 A.D.2d 997); and we have no jurisdiction to review an order or judgment where a notice of appeal therefrom has not been filed (CPLR 5515, subd 1; 7 Weinstein-Korn-Miller, N Y Civ Prac, par 5515.06; Gouvakis v 490 Tenth Ave. Corp., 6 A.D.2d 1035). We have, however, examined the merits of the petition and, had an order or judgment been entered and a proper appeal taken, we would affirm.