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200 E. 64th St. Corp. v. Manley

35 N.Y.2d 714 Court N.Y. Decision date 1974-10-11 English

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p. 714
200 E. 64th St. Corp., Respondent-Appellant, v. A. Bruce Manley et al., Constituting the State Tax Commission, et al., Appellants-Respondents.
Submitted September 3, 1974;
decided October 11, 1974.
Adrian P. Burke, Corporation Counsel (Isaac C. Donner of counsel), for motion.
David Berg and John $. Dorf opposed.
p. 715
Motion granted and appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution (N. Y. Const., art. VI, § 3; CPLR 5601, subd. [a]). On the court’s own motion, the appeals taken as of right by the Tax Commission and the City of New York, dismissed, without costs, upon the same ground. Bach of such dispositions is made without prejudice to the right of any party adversely affected thereby to apply on proper papers for permission to appeal (CPLR 5602, subd. [a], par. 2).