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New York Court of Appeals, 1980

Duverney v. State

Duverney v. State
New York Court of Appeals · Decided September 4, 1980 · Claim No. 60332
51 N.Y.2d 744; 411 N.E.2d 784; 432 N.Y.S.2d 365; 1980 N.Y. LEXIS 2606
Duverney v. State

Opinion of the Court

Motion for leave to appeal dismissed upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and therefore is not one which comes within the provisions of CPLR 5602 (subd [a], par 2). (See, e.g., Herman Constr. Co. v State Univ. Constr. Fund, 41 NY2d 943.)

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