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D'Angelo v. State

36 N.Y.2d 730 Court N.Y. Decision date 1975-03-19 Docket Claim No. 50250 English

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p. 730
Thomas D’Angelo et al., Doing Business as Triple Cities Construction Company, Respondents, v State of New York, Appellant.
(Claim No. 50250.)
Submitted February 17, 1975;
decided March 19, 1975
James B. Gitlitz for motion.
p. 731
Louis J. Lefkowitz, Attorney-General (Richard J. Dorsey of counsel), opposed.

Motion granted and appeal dismissed, without costs, to the extent that review is sought of the final order of the Appellate Division, entered December 23, 1974, upon the ground that that order is not separately reviewable as of right, absent a substantial constitutional question. Upon the appeal pursuant to CPLR 5601 (subd [d]), only the prior nonfinal order of the Appellate Division may be reviewed. (NY Const., art VI, § 3, subd b, par [1]; CPLR 5501, subd [b]; 5601, subds [b], [d].)