North American Holding Corp. v. Murdock
| Decision Date | 08 July 1959 |
| Citation | 190 N.Y.S.2d 708,6 N.Y.2d 902 |
| Parties | , 160 N.E.2d 926 Application of NORTH AMERICAN HOLDING CORP., Respondent, for an Order of Certiorari v. Harris H. MURDOCK, et al., Constituting the Board of Standards and Appeals of the City of New York, Appellants. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 6 A.D.2d 596, 180 N.Y.S.2d 436.
Petitioner brought certiorari proceeding to review order of Board of Standards and Appeals of the City of New York denying petitioner's application for use variance under zoning resolution.
The Supreme Court, Special Term, Bronx County, John L. Flynn, J., 9 Misc.2d 632, 167 N.Y.S.2d 120, entered an order setting aside the denial of a variance and remitted the matter to the board for hearing in accordance with opinion, and the board appealed.
The Appellate Division, 6 A.D.2d 596, 180 N.Y.S.2d 436, dismissed the appeal, and held that in view of fact that rehearing ordered involved the making of new and independent record, board would be required to exercise its judgment and discretion with respect to matters duly presented to it or re-presented to it, and consequently the order was intermediate and not final, and an appeal therefrom did not lie, in absence of leave first having been obtained pursuant to statute to effect that, unless court directs otherwise, an appeal from an intermediate order may be taken only in conjunction with appeal from...
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High Ridge Hinkle Joint Venture v. City of Albuquerque
...793 n. 5 (Mass.App.Ct.1992)); North Am. Holding Corp. v. Murdock, 6 A.D.2d 596, 180 N.Y.S.2d 436, 439 (1958), aff'd 6 N.Y.2d 902, 190 N.Y.S.2d 708, 160 N.E.2d 926 (1959); cf. Wheeler v. Maine Unemployment Ins. Comm'n, 477 A.2d 1141, 1145 (Me.1984) (remand is appealable if remand "requires o......
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Bernstein v. Board of Appeals, Village of Matinecock
...255 N.Y. 320, 174 N.E. 695; Matter of North Amer. Holding Corp. v. Murdock, 6 A.D.2d 596, 180 N.Y.S.2d 436, affd. 6 N.Y.2d 902, 190 N.Y.S.2d 708, 160 N.E.2d 926, as when a rate making order is reversed because based upon insufficient evidence, Matter of Yonkers Railroad Co. v. Maltbie, 251 ......
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M & M Auto Storage Pool, Inc. v. Chemical Waste Management, Inc.
...§ 27.39 (3d ed. 1986). But see North American Holding Corp. v. Murdock, 6 A.D.2d 596, 180 N.Y.S.2d 436 (1958), aff'd 6 N.Y.2d 902, 160 N.E.2d 926, 190 N.Y.S.2d 708 (1959). The superior court's order was a final determination of the parties' rights under its special action authority. The ord......
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Scharf v. Thaul
...Mr. Justice SUOZZI (see Matter of North Amer. Holding Corp. v. Murdock, 6 A.D.2d 596, 599-600, 180 N.Y.S.2d 436, affd., 6 N.Y.2d 902, 190 N.Y.S.2d 708, 160 N.E.2d 926; Matter of Soros v. Board of Appeals of Vil. of Southampton, 24 A.D.2d 705, 263 N.Y.S.2d Judgment affirmed, without costs or......