Branch v. Hammock — 98 A.D.2d 991

Majority

p. 991

In the Matter of Vraden Branch, Appellant, v Edward R. Hammock, as Chairman of the New York State Board of Parole, Respondent.

— Appeal unanimously dismissed. Memorandum: The judgment was entered upon the denial of an ex parte application for an order to show cause to commence a CPLR article 78 proceeding. It is not appealable (Matter ofScotti, 53 AD2d 282 , 285-286). Although the proceeding was not otherwise properly instituted by personal service of a notice of petition (see CPLR 403, subd [c]; 304), Special Term addressed the merits in a memorandum decision. Were we to review the merits, we would affirm. (Appeal from judgment of Supreme Court, Cayuga County, Contiguglia, J. — art 78.) Present •— Dillon, P. J., Doerr, Denman, O’Donnell and Moule, JJ.

Cases cited

DeFayette v. Ball 53 AD2d 282 N.Y. App. Div. 1976-07-12 at 285-286 p. 991