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Adirondack Park Agency v. Ton-Da-Lay Associates

45 N.Y.2d 834 Court N.Y. Decision date 1978-09-26 English

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p. 834
Adirondack Park Agency, Respondent, and Kildare Club, by its Treasurer, Ralph Friedman, et al., Intervenors-Respondents, v Ton-Da-Lay Associates et al., Appellants.
Submitted July 31,1978;
decided September 26,1978

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 therefore is not one which comes within the provisions of CPLR 5602 (subd [a], par 2).

p. 835
(See, e.g., Herman Constr. Co. v State Univ. Constr. Fund, 41 NY2d 943 .)