Matter of Loewy v. Binghamton Housing Authority

Full title: In the Matter of BENJAMIN J. LOEWY, Respondent, against BINGHAMTON HOUSING…

Court: Court of Appeals of the State of New York

Date published: Jun 25, 1958

4 N.Y.2d 1036 (N.Y. 1958)

Opinion

Submitted April 28, 1958

Decided June 25, 1958

Appeal from the Appellate Division of the Supreme Court in the third judicial department.

James B. Gitlitz for motion.

Donald F. McManus opposed.

Per Curiam.

Since, under the Appellate Division order remitting the matter to the agency for further proceedings not inconsistent with its opinion, the Authority may well conduct a new hearing relating to the appropriate punishment to be imposed upon petitioner, no appeal may be taken to this court by leave of the Appellate Division, with or without certified questions.

The Appellate Division may grant leave to appeal to this court only in cases where there is no constitutional or statutory right to a hearing ( Matter of Glenram Wine Liq. Corp. v. O'Connell, 295 N.Y. 336; Matter of Norton v. O'Connell, 306 N.Y. 843).

The motion to vacate the order of the Appellate Division granting leave to appeal to this court, treated as a motion to dismiss the appeal, is granted and appeal dismissed, with costs and $10 costs of motion.

Appeal dismissed.