Hyperlawhypertext legal databasebeta Gibson v. Watkins Glen Central School District 52 N.Y.2d 1053

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Gibson v. Watkins Glen Central School District

52 N.Y.2d 1053 Court N.Y. Decision date 1981-02-26 English

Contents

Majority

p. 1053
In the Matter of John E. Gibson, Respondent-Appellant, v Watkins Glen Central School District et al., Appellants-Respondents.
Argued February 18, 1981;
decided February 26, 1981
p. 1055
APPEARANCES OF COUNSEL
Thomas E. Reilly for respondent-appellant.
Henry Valent for appellants-respondents.
Frederick Goldfeder and Darrell W. Harp for Commissioner of Transportation of the State°of New York, amicus curae.

OPINION OF THE COURT

On respondents’ appeal: Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 68 AD2d 967 ).

On petitioner’s appeal: Appeal dismissed, without costs, on the ground that petitioner has no right to appeal under CPLR 5601 (subd [d]), inasmuch as he was not aggrieved by the prior order of the Appellate Division brought up for review (CPLR 5511).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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