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Rios v. Town of Islip

47 N.Y.2d 1010 Court N.Y. Decision date 1979-07-10 English

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p. 1010
Carlos Rios and Another, Infants, by their Mother and Natural Guardian, Virginia Rios, et al., Appellants-Respondents, v Town of Islip et al., Respondents, and Ricardo P. Hill, Respondent-Appellant.
Decided July 10, 1979

Appeal and cross appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the grounds that: as to defendant Hill, the order is nonfinal and the modification at the Appellate Division is not one within the meaning of CPLR 5601 (subd [a], par [iii]); and as to defendants Town of Islip and County of Suffolk, in the absence of a substantial constitutional question no appeal lies from the Appellate Division order of unanimous affirmance (CPLR 5601, subd [a]).