Aronson v. McCoy — 27 N.Y.2d 613

Majority

p. 613

In the Matter of Moe I. Aronson et al., Respondents, v. Thomas F. McCoy, as State Administrator of the Administrative Board of the Judicial Conference of the State of New York, Appellant.

Argued May 26, 1970;

decided June 4, 1970.

Lawrence N. Marcus for appellant.

Morris Weissberg for respondents.

Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. An appeal does not lie upon a stipulation for judgment absolute from an order granting a trial or hearing in the first instance, as distinguished from an order granting a “ new trial or hearing ” (CPLR 5601, subd. [c]; Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284).

Concur: Judges Burke, Scileppi, Bergan, Breitel and Jasen. Taking no part: Chief Judge Fuld and Judge Gibson.