ASHEROFF v. BOARD OF EDUCATION OF CITY OF NEW YORK, 32 N.Y.2d 735 (1973)

344 N.Y.S.2d 366, 297 N.E.2d 101

Court of Appeals of the State of New York.Submitted March 12, 1973
Decided April 25, 1973

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES G. TIERNEY, J.

Norman Redlich, Corporation Counsel (Eric J. Byrne of counsel), for motion.

Hyman Asheroff opposed.

Motion granted and appeal dismissed, without costs, upon the ground that no appeal lies as of right. The underlying issues sought to be interjected have been adjudicated adversely to the plaintiff-appellant in a prior proceeding, affirmed on appeal to this court. (Matter of Asheroff v. Board of Educ. of City of N Y, 29 N.Y.2d 538.)

Page 736