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Toro v. Malcolm

42 N.Y.2d 822 Court N.Y. Decision date 1977-05-12 English

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p. 822
In the Matter of Peter Toro, Respondent, v Benjamin J. Malcolm, as Commissioner of the Department of Correction of the City of New York, et al., Appellants.
Decided May 12, 1977

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

p. 823
of the Constitution (Matter of Steele v Board of Educ., 40 NY2d 846 ; Matter of Clayton v Board of Educ., 40 NY2d 842 ).