Flynn v. McCoy

New York Court of Appeals June 4, 1970

Flynn v. McCoy, 27 N.Y.2d 614 (N.Y. 1970)

261 N.E.2d 414; 313 N.Y.S.2d 418; 1970 N.Y. LEXIS 1237

Opinion of the Court

Appeal -dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. An appeal does not lie upon a stipulation for judgment absolute from an order granting a trial or hearing in the first instance, as distinguished from an order granting a “ new trial or hearing ” (CPLR 5601, subd. [c]; Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284).

Concur: Judges Burke, Scileppi, Bergan, Breitel and Jasen. Taking no part: Chief Judge Fuld and Judge Gibson.

Reference

Full Case Name: In the Matter of Jeremiah J. Flynn v. Thomas J. McCoy, as State Administrator of the Administrative Board of the Judicial Conference of the State of New York
Status: Published