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Rorie v. Woodmere Academy

48 N.Y.2d 753 Court N.Y. Decision date 1979-10-25 English

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p. 753
Ronald Rorie et al., Appellants, v Woodmere Academy, Respondent.
Submitted September 10, 1979;
decided October 25, 1979

Permission to withdraw motion to dismiss appeal granted.

On the court’s own motion: defendant’s appeal pursuant to CPLR 5601 (subd [d]) dismissed, without costs, upon the ground that defendant is not an aggrieved party (see CPLR 5511); plaintiff’s cross appeal dismissed, without costs, upon the ground that plaintiffs have an appeal pending in the Appellate Division from the judgment here sought to be appealed. (See Parker v Rogerson, 35 NY2d 751 .)

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