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Ball v. State

61 N.Y.2d 990 Court N.Y. Decision date 1984-03-27 Docket Appeal No. 1. Claim No. 62167; Appeal No. 2. Claim No. 62168; Appeal No. 3. Claim No. 62169 English

Contents

Majority

p. 990
Estella C. Ball, Appellant, v State of New York, Respondent. Brian Ball, Appellant, v State of New York, Respondent. Harry E. Ball, Appellant, v State of New York, Respondent.
(Appeal No. 1.) (Claim No. 62167.)
(Appeal No. 2.) (Claim No. 62168.)
(Appeal No. 3.) (Claim No. 62169.) (And One Additional Appeal.)
Decided March 27, 1984
p. 992
APPEARANCES OF COUNSEL
John J. Keigher for appellants.
Robert Abrams, Attorney-General (Peter J. Dooley and Peter H. Schiff of counsel), for respondent.

opinion of the court

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), orders of reversal affirmed, with costs, for the reasons stated in the memoranda at the Appellate Division ( 96 AD2d 1139 , 1140). The Appellate Division order dismissing claimant’s appeal from the nonfinal Court of Claims order dated September 27, 1982 is treated as one of affirmance (see, e.g., Matter of Town of Islip [Mascioli], 49 NY2d 354 , 358, n 1); and the appeal from that order is dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.

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