Scarpelli v. Lavine — 37 N.Y.2d 871

Majority

p. 871

In the Matter of Marilyn Scarpelli et al., Individually and on Behalf of Their Infant Children and All Those Similarly Situated, Appellants, v Abe Lavine, as Commissioner of the New York State Department of Social Services, et al., Respondents.

Decided October 21, 1975

p. 872

Leonard S. Clark, Carl Jay Nathanson and Barry Strom for appellants.

Louis J. Lefkowitz, Attorney-General (William J. Lee of counsel), for respondents.

Appeal dismissed, without costs, by the Court of Appeals sua sponte upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. (See Matter of Bernard v Lavine, 37 NY2d 773 ; Lizza Ind. v Long Is. Light. Co., 36 NY2d 754 ; Walker v Sears, Roebuck & Co., 36 NY2d 695 .)

Cases cited

Bernard v. Lavine 37 NY2d 773 N.Y. 1975-07-08 p. 872
Lizza Industries, Inc. v. Long Island Lighting Co. 36 NY2d 754 N.Y. 1975-03-20 p. 872
People v. Johnson 36 NY2d 695 N.Y. 1975-02-18 p. 872