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Cosme v. Town of Islip

50 N.Y.2d 878 Court N.Y. Decision date 1980-06-03 English

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p. 878
Felix Cosme, Respondent, v Town of Islip et al., Appellants. Felix Cosme, Respondent, v Gregory Munson et al., Appellants.
Submitted May 19, 1980;
decided June 3, 1980

Motion for leave to appeal dismissed, with $20 costs and necessary reproduction disbursements, 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) (see, e.g., Herman Constr. Co. v State Univ. Constr. Fund, 41 NY2d 943 ).