Duverney v. State

51 N.Y.2d 744 Court N.Y. Decision date 1980-09-04 Docket Claim No. 60332 English

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Cecil Duverney, Appellant, v State of New York et al., Respondents.

(Claim No. 60332.)

Submitted July 14, 1980;

decided September 4, 1980

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