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Coker v. Tofany

41 A.D.2d 693 Court N.Y. App. Div. Decision date 1973-02-23 English

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p. 693
In the Matter of Adgie L. Coker, Respondent, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Appellant.

Appeal unanimously dismissed, without costs. Memorandum: This appeal from an order in an article 78 proceeding is not maintainable as of right (CPLR 5701, subd. [b], par. 1) and permission to appeal was not -obtained. Since the order remits the proceeding to appellant for a hearing, had permission to appeal been sought herein we would have denied the application (see Matter of Vicenzio v. City of Utica, 30 A D 2d 771 ). (Appeal from-order of Onondaga Special Term annulling determination revoking license.) Present — Goldman, P. J., Del Vecchio, Witmer, Cardamone and Henry, JJ.