MARSANO v. STATE BANK OF ALBANY, 38 N.Y.2d 846 (1976)

382 N.Y.S.2d 54, 345 N.E.2d 597

Court of Appeals of the State of New York.Submitted November 10, 1975
Decided January 8, 1976

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

Scott P. Crampton, Assistant Attorney-General (Robert S. Watkins of counsel), for motion.

Anthony B. Cataldo, pro se, opposed.

Motion granted and appeals dismissed, with costs and $20 costs of motion, upon the grounds (1) that the appeal from the Appellate Division order of modification was not timely taken, and (2) that the Appellate Division order denying appellant’s

Page 847

motion for reargument does not finally determine the action within the meaning of the Constitution.