Majority
p. 860Friends of the Pine Bush et al., Respondents, v Planning Board of the City of Albany et al., Appellants. Submitted February 19, 1980; decided March 20, 1980
Motions for leave to appeal by (A) planning board and chairman and by (B) G. M. R. Properties, Inc., each dismissed upon the ground that the order sought to be appealed from
p. 861
does not finally determine the proceeding within the meaning of the Constitution (Matter of F. J. Zeronda, Inc. v Town Bd. of Town of Halfmoon, 37 NY2d 198 ). On the court’s own motion, appeal taken as of right by G. M. R Properties, Inc., dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.
Cases cited
- F. J. Zeronda, Inc. v. Town Board 37 NY2d 198 p. 861