New York Court of Appeals, 1977

Town of Babylon v. Middleton

Town of Babylon v. Middleton
New York Court of Appeals · Decided September 13, 1977
42 N.Y.2d 1013; 368 N.E.2d 287; 398 N.Y.S.2d 537; 1977 N.Y. LEXIS 2348
Town of Babylon v. Middleton

Opinion of the Court

On the court’s own motion, appeal taken as of right dismissed, without costs, and affirmation of intention to move for permission to appeal vacated upon the ground that no appeal lies to the Court of Appeals from the nonfinal and nonreviewable order of the Appellate Division vacating the temporary restraining order.

Motion to vacate statutory stay dismissed as academic.

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