Til v. O'Brien

Full title: FRANK Z. TIL et al., Respondents, v. JAMES V. O'BRIEN, Appellant

Court: Court of Appeals of the State of New York

Date published: Oct 21, 1976

357 N.E.2d 1020 (N.Y. 1976)

389 N.Y.S.2d 365

40 N.Y.2d 902

Opinion

Decided October 21, 1976

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH RICOTTA, J.

Michael Likoudis for appellant.

Appeal dismissed, without costs, by the Court of Appeals sua sponte upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution. To the extent that Marco v Sachs ( 10 N.Y.2d 542) would seem to suggest a contrary result, it is not to be followed (see Cohen and Karger, Powers of the New York Court of Appeals, § 36, subd [b], p 143).