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