From Casetext: Smarter Legal Research

Matter of Stewart v. N.Y. State Liquor Auth

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 23, 1969
33 A.D.2d 637 (N.Y. App. Div. 1969)

Opinion

October 23, 1969

Appeal from the Erie Special Term.

Present — Goldman, P.J., Witmer, Gabrielli, Moule and Henry, JJ.


Appeal unanimously dismissed, without costs. Memorandum: Special Term's order is not a judgment from which an appeal could be taken as a matter of right (CPLR 5701, subd. [a], par. 1), but is an order in an article 78 proceeding (CPLR 5701, subd. [b], par. 1) from which an appeal may be taken only by permission of the Justice who made the order or by permission of a Justice of the Appellate Division (CPLR 5701, subd. [c]; Matter of Vivenzio v. City of Utica, 30 A.D.2d 771; Matter of Soros v. Board of Appeals, 24 A.D.2d 705; Matter of Album v. Anderson, 24 A.D.2d 730). No such permission was obtained and the appeal must therefore be dismissed.


Summaries of

Matter of Stewart v. N.Y. State Liquor Auth

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 23, 1969
33 A.D.2d 637 (N.Y. App. Div. 1969)
Case details for

Matter of Stewart v. N.Y. State Liquor Auth

Case Details

Full title:In the Matter of HARRY J. STEWART, JR., Respondent, v. NEW YORK STATE…

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

Date published: Oct 23, 1969

Citations

33 A.D.2d 637 (N.Y. App. Div. 1969)