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In re Anonymous

45 N.Y.2d 754 Court N.Y. Decision date 1978-07-13 English

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p. 754
In the Matter of Anonymous et al., Appellants. Albany County Bar Association, Respondent.
Argued May 30, 1978;
decided July 13, 1978
p. 755
APPEARANCES OF COUNSEL
John P. MacArthur for appellants.
Francis Bergan for respondent.

OPINION OF THE COURT

The question certified by the Appellate Division is addressed to the denial of a motion to dismiss a single-numbered paragraph of what can only realistically be treated as an integrated petition. In our analysis the propriety of the proposed plan for the provision of legal services should not be judged on the basis of this single facet. Accordingly, the question certified by the Appellate Division is not "decisive of the correctness of its determination or of any separable portion of it” (CPLR 5713) and the present appeal must be dismissed. In this circumstance it would be inappropriate to express any view as to the issues raised in the underlying litigation.

Appeal dismissed, without costs.