Summary
stating that "denial of a motion for leave to appeal is not equivalent to an affirmance and has no precedential value"
Summary of this case from Olin Corp. v. Insurance Co. of North AmericaOpinion
Submitted August 28, 1978
Decided September 14, 1978
Motion by acting superintendent for leave to appeal denied, with $20 costs and necessary reproduction disbursements. Motion by intervenor for leave to appeal denied, with $20 costs and necessary reproduction disbursements.
The court takes this occasion to restate the rule that denial of a motion for leave to appeal is not equivalent to an affirmance and has no precedential value (see, e.g., Matter of Marchant v Mead-Morrison Mfg. Co., 252 N.Y. 284, 297-298).