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Stouffer Management Food Service, Inc. v. Tully

45 N.Y.2d 774 Court N.Y. Decision date 1978-07-13 English

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p. 774
Stouffer Management Food Service, Inc., Respondent, v James H. Tully, Jr., et al., Constituting the State Tax Commission, Appellants.
Submitted June 19, 1978;
decided July 13, 1978

Motion for leave to appeal dismissed, upon the ground that the nonfinal order sought to be appealed from was entered in an action, not a proceeding, and is therefore not covered by CPLR 5602 (subd [a], par 2) (see, e.g., Ofenloch v Gaynor, 28 NY2d 806 ).

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