Driscoll v. Department of Fire
Cases that cite this one
5 later published cases cite this decision.
- Engelbert v. Warshefski (Appellate Division of the Supreme Court of New York 2001)
- People ex rel. Afrika v. Russi (Appellate Division of the Supreme Court of New York 1994)
- Sutka v. Conners (N.Y. 1989)
- Scott v. Manilla (Appellate Division of the Supreme Court of New York 1987)
- Driscoll v. Department of Fire of City of Syracuse (Appellate Division of the Supreme Court of New York 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal unanimously dismissed, without costs. Memorandum: An appeal from a nonfinal intermediate order in a CPLR article 78 proceeding does not lie as a matter of right (CPLR 5701 [b] [1]). Such an appeal is authorized only upon permission of the Judge who made the order or from a Justice of the Appellate Division (CPLR 5701 [c]). Since no permission to appeal has been sought or granted, this appeal must be dismissed (Matter of Steele v City of Buffalo Dept. of Community Dev., 86 AD2d 754; Matter of Wallace v Wyandanch Union Free School Dist., 58 AD2d 813; Grasole v Simins, 48 AD2d 795; Hawley v Town of Aurora, 41 AD2d 588). Were we to reach the merits, however, we would affirm for reasons stated in the decision at Special Term (Hayes, J.) (see also, Traver v City of Poughkeepsie, 108 AD2d 18). (Appeal from judgment of Supreme Court, Onondaga County, Hayes, J. — art 78.) Present — Dillon, P. J., Callahan, Doerr, Boomer and Schnepp, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.