Noghrey v. Town of Brookhaven

New York Court of Appeals
Noghrey v. Town of Brookhaven, 19 N.Y.3d 1023 (N.Y. 2012)
976 N.E.2d 247; 2012 NY Slip Op 84608; 951 N.Y.S.2d 718; 2012 WL 4074315; 2012 N.Y. LEXIS 2183

Noghrey v. Town of Brookhaven

Opinion of the Court

On the Court’s own motion, appeal by Town of Brookhaven et al. and appeal by Parviz Noghrey dismissed, without costs, upon the ground that the order and judgment appealed from does not finally determine the action within the meaning of the Constitution. Forms of relief within a single cause of action cannot be expressly or impliedly severed (see Burke v Crosson, 85 NY2d 10, 18 n 5 [1995]). The unresolved items of relief render the order and judgment nonfinal. Motion to modify statutory stay denied.

Reference

Full Case Name
Parviz Noghrey v. Town of Brookhaven, Appellants-Respondents
Status
Published