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Town of Evans v. Catalino

58 N.Y.2d 687 Court N.Y. Decision date 1982-11-18 English

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p. 687
Town of Evans, Respondent, v Robert R. Catalino et al., Appellants.
Submitted October 18, 1982;
decided November 18, 1982

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution. On the court’s own motion, appeal taken as of right pursuant to CPLR 5601 (subd [c]) dismissed, without costs, upon the ground that the order appealed from does not grant a new trial (see Guthartz v City of New York, 57 NY22d 635).