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Carlson Associates v. Jorling

83 N.Y.2d 991 Court N.Y. Decision date 1994-07-05 English

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p. 991
In the Matter of Carlson Associates et al., Appellants, v Thomas C. Jorling, as Commissioner of the New York State Department of Environmental Conservation, Respondent.
Submitted June 27, 1994;
decided July 5, 1994

Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order which severed the third counterclaim and remitted to Supreme Court for a trial on the severed third counterclaim, dismissed upon the ground that that portion of the order does not finally determine the proceeding within the meaning of the Constitution; motion for leave to appeal otherwise denied. Motion for a stay dismissed as academic.