Hyperlawhypertext legal databasebeta Brooklyn Union Gas Co. v. State Board of Equalization & Assessment 64 N.Y.2d 643

← Cases

Brooklyn Union Gas Co. v. State Board of Equalization & Assessment

64 N.Y.2d 643 Court N.Y. Decision date 1984-11-29 English

Contents

Majority

p. 643
In the Matter of the Brooklyn Union Gas Company, Respondent, v State Board of Equalization and Assessment, Appellant, and the City of New York, Intervenor-Appellant.
Submitted October 29, 1984;
decided November 29, 1984
APPEARANCES OF COUNSEL
Robert Abrams, Attorney-General (Maurice K. Peaslee, Peter H. Schiff and Robert Hermann of counsel), for appellant.
Frederick A. O. Schwarz, Jr., Corporation Counsel (John P. MacArthur of counsel), for intervenor-appellant.
F. Peter O’Hara for respondent.

OPINION OF THE COURT

Motion to dismiss appeals denied. Where the Appellate Division has granted permission to appeal from a final order, the

p. 644
appeal is not subject to dismissal on the ground that no question of law is presented. If the Court of Appeals disagrees with the Appellate Division’s opinion that “questions of law have arisen which * * * ought to be reviewed” (CPLR 5713), the appropriate disposition is an affirmance, not a dismissal of the appeal (cf. Patrician Plastic Corp. v Bernadel Realty Corp., 25 NY2d 599 , 604-605, which discussed appeals pursuant to certified questions from nonfinal orders). In the present case, therefore, whether questions of law are presented and, if so, what disposition should be ordered, must await the argument and submission of the appeal.

Cases cited