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Concerned Citizens to Review the Jefferson Valley Mall v. Town Board

54 N.Y.2d 957 Court N.Y. Decision date 1981-10-22 English

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p. 957
In the Matter of Concerned Citizens to Review The Jefferson Valley Mall, by Ann M. Matheson, Chairman, et al., Appellants, v Town Board of the Town of Yorktown et al., Respondents. (Proceeding No. 1.) In the Matter of Darswan, Inc., Respondent, v Albert A. Capellini et al., Respondents, and Michael Bloom et al., Intervenors-Appellants. (Proceeding No. 2.)
Submitted September 21, 1981;
decided October 22, 1981

Motion to dismiss the appeal granted and the appeal dismissed, with costs and $20 costs of motion, upon the'

p. 958
ground that the appeal, pursuant to CPLR 5601 (subd [d]), does not lie to review an order of the Appellate Division made on an appeal in an earlier proceeding [ 58 AD2d 892 ]. Motion to expedite the appeal dismissed as academic.