Categories: Court of Appeals Opinions

MATTER OF RUSCIANO SON CORPORATION v. ROCHE, 55 N.Y.2d 701 (1981)

In the Matter of RUSCIANO SON CORPORATION et al., Appellants-Respondents, v. WILLIAM E. ROCHE, as Assessor, et al., Respondents-Appellants. In the Matter of RUSCIANO SON CORPORATION et al., Appellants-Respondents, v. RICHARD R. BLESSING, as Assessor, et al., Respondents-Appellants.

Court of Appeals of the State of New York.Submitted October 26, 1981
Decided November 23, 1981

Motions by respondents-appellants for leave to appeal denied. On the court’s own motion, appeal taken as of

Page 702

right by petitioners-appellants-respondents dismissed, without costs, upon the ground that the Appellate Division order (70 A.D.2d 953) granting a new trial, here brought up for review, did not “necessarily affect” the final order, as required by CPLR 5601
(subd [d]). (Cohen and Karger, Powers of the New York Court of Appeals, § 79, pp 344-345.)

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