MATTER OF FLYNN v. McCOY, 27 N.Y.2d 614 (1970)

313 N.Y.S.2d 418, 261 N.E.2d 414

In the Matter of JEREMIAH J. FLYNN et al., Appellants, v. THOMAS J. McCOY, as State Administrator of the Administrative Board of the Judicial Conference of the State of New York, Respondent.

Court of Appeals of the State of New York.Argued May 26, 1970
Decided June 4, 1970

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CHARLES MARKS, J.

Morris Weissberg for appellants.

Lawrence N. Marcus for respondent.

Appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. An appeal does not lie upon a stipulation for judgment absolute from an order granting a trial or hearing in the first instance, as distinguished from an order granting a “new trial or hearing” (CPLR 5601, subd. [c]; Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284).

Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Chief Judge FULD and Judge GIBSON.

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