Rusciano & Son Corp. v. Roche — 54 N.Y.2d 788

Majority

p. 788

In the Matter of Rusciano & Son Corp. et al., Respondents, v William E. Roche, Assessor, et al., Appellants. (And Another Proceeding.)

Submitted August 10, 1981;

decided September 10, 1981

Motion to dismiss the appeal granted and the appeal dismissed, with costs and $20 costs of motion, upon the ground that the Appellate Division order ( 70 AD2d 953 ) granting a new trial, here brought up for review, did not “necessarily affect” the final judgment, as required by CPLR 5601 (subd [d]). (Cohen and Karger, Powers of the New York Court of Appeals, § 79, pp 344-345.)