New York Court of Appeals, 1987

Sourian v. Scruggs-Leftwich

Sourian v. Scruggs-Leftwich
New York Court of Appeals · Decided March 26, 1987
69 N.Y.2d 869; 507 N.E.2d 308; 514 N.Y.S.2d 715; 1987 N.Y. LEXIS 15918

Sourian v. Scruggs-Leftwich

Opinion of the Court

*870OPINION OF THE COURT

Appeal and cross appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. Moreover, inasmuch as section Y51-9.0 (b) of the Administrative Code of the City of New York and section 8608 of McKinney’s Unconsolidated Laws of NY (L 1962, ch 21, § 1 [8]) may not be constitutionally read to expand this court’s jurisdiction, these provisions may not be interpreted to provide a jurisdictional predicate for appeal as of right from the nonfinal order (NY Const, art VI, § 3 [b]; CPLR 5601).

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