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Martuscello v. Smith

26 N.Y.3d 1078 Court N.Y. Decision date 2015-12-16 English

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p. 1078
In the Matter of Daniel Martuscello, Jr., as Superintendent of Coxsackie Correctional Facility, Respondent, v Jua Smith, Appellant.
Submitted October 26, 2015;
decided December 16, 2015

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution and is not a nonfinal order of the type within the meaning of CPLR 5602 (a) (2).