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In re Carmer

69 N.Y.2d 862 Court N.Y. Decision date 1987-03-24 English

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p. 862
In the Matter of Elizabeth H. B. Carmer, Deceased. Barbara Scoppettone, Respondent; Willis C. Bailey, Appellant.
Submitted February 16, 1987;
decided March 24, 1987

Motion to dismiss the appeal granted and appeal dismissed, with costs, and $20 costs of motion, upon the ground that no appeal lies as of right pursuant to CPLR 5601 (d) to review a prior nonfinal Appellate Division order of modification [see, 111 AD2d 171 ], absent a dissent by at least two Justices or the direct involvement of a substantial constitutional question (CPLR 5601, as amended by L 1985, ch 300, § 1; Matter of Thompson v City of Poughkeepsie School Dist., 67 NY2d 984 ).

Judge Titone taking no part.

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