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Historic Albany Foundation v. Breslin

97 N.Y.2d 636 Court N.Y. Decision date 2001-10-25 English

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p. 636
Historic Albany Foundation, Respondent-Appellant, and City of Albany, Respondent, v Michael Breslin, as Albany County Executive, et al., Appellants-Respondents.
Submitted July 30, 2001;
decided October 25, 2001

Motion and cross motion, insofar as they seek leave to appeal from the Appellate Division order, dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution; motion and cross motion, insofar as they seek leave to appeal, pursuant to CPLR 5602 (a) (1) (ii), from the subsequently entered Supreme Court order, dismissed upon the ground that simultaneous appeals do not lie to the Appellate Division and the Court of Appeals (see, Parker v Rogerson, 35 NY2d 751 , 753).

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