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William J. Kline & Sons, Inc. v. State

34 N.Y.2d 805 Court N.Y. Decision date 1974-06-06 Docket Claim No. 47894 English

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p. 805
William J. Kline & Sons, Inc., Appellant, v. State of New York, Respondent.
(Claim No. 47894.)
Submitted April 29, 1974;
decided June 6, 1974.
Louis J. Lefkowitz, Attorney-General (J. Lawson Brown of counsel), for motion.
John T. DeGraff opposed.
p. 806
Motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that it does, not lie as of right under CPLR, 5601 (subd. [d]) since the order of the Appellate Division was in substance one of modification by which claimant-appellant was not aggrieved (CPLR 5601, subd. [a], par. [iii]).