New York Court of Appeals, 2009

Jones v. Town of Carroll

Jones v. Town of Carroll
New York Court of Appeals · Decided June 11, 2009
12 N.Y.3d 880; 883 N.Y.S.2d 174; 910 N.E.2d 1004; 2009 NY Slip Op 74741; 2009 N.Y. LEXIS 3576

Jones v. Town of Carroll

Opinion of the Court

Motion for leave to appeal dismissed upon the ground that the Appellate Division order does not finally determine the action within the meaning of the Constitution, and the so ordered stipulation does not qualify as a final judgment within the meaning of CPLR 5602 (a) (1) (ii) to bring up for review the prior *881nonfinal Appellate Division order because it was entered into without prejudice.

Judge Pigott taking no part.

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