From Casetext: Smarter Legal Research

Bennett v. Un. Presbyterian Home at Syosset

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1989
154 A.D.2d 572 (N.Y. App. Div. 1989)

Opinion

October 23, 1989

Appeal from the Supreme Court, Nassau County, DiNoto, J., Brucia, J.


Ordered that the appeal from the ex parte order dated September 26, 1988 is dismissed; and it is further,

Ordered that the appeal from the decision is dismissed as no appeal lies from a decision; and it is further,

Ordered that the appeal from the order dated November 23, 1988 is dismissed as academic; and it is further,

Ordered that the plaintiffs are awarded one bill of costs.

The appeal from the order which granted the plaintiffs' ex parte application for a temporary restraining order must be dismissed as no appeal lies from an ex parte order (see, Bailen v Jones, 102 A.D.2d 859; Violante v Berkowitz, 90 A.D.2d 837). Review of an ex parte order is obtainable only by application pursuant to CPLR 5704 (a).

In addition, since the plaintiffs were granted a preliminary injunction only until the Public Health Council rendered a determination with respect to the complaints filed by the plaintiffs and since the council rendered such a determination while this appeal was pending, the appeal from the order granting the preliminary injunction is academic (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707). Mollen, P.J., Bracken, Rubin and Sullivan, JJ., concur.


Summaries of

Bennett v. Un. Presbyterian Home at Syosset

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 1989
154 A.D.2d 572 (N.Y. App. Div. 1989)
Case details for

Bennett v. Un. Presbyterian Home at Syosset

Case Details

Full title:WILLIAM J. BENNETT et al., Respondents, v. UNITED PRESBYTERIAN HOME AT…

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

Date published: Oct 23, 1989

Citations

154 A.D.2d 572 (N.Y. App. Div. 1989)

Citing Cases

Children's Village v. Greenburgh Eleven

The appellants conducted a demonstration in violation of a temporary restraining order. The arguments made by…