Scopelliti v. Town of New Castle
| Decision Date | 27 October 1998 |
| Citation | 681 N.Y.S.2d 472,704 N.E.2d 226,92 N.Y.2d 944 |
| Parties | , 704 N.E.2d 226 Robert L. SCOPELLITI, Appellant, v. TOWN OF NEW CASTLE et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Reported below, 243 A.D.2d 701, 665 N.Y.S.2d 313; 247 A.D.2d 531, 668 N.Y.S.2d 909.
Motion, insofar as it seeks leave to appeal from the Appellate Division order denying leave to appeal to the Court of Appeals, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution; motion, insofar as it seeks leave to appeal from that part of the Appellate Division order dated February 17, 1998 that imposed sanctions upon counsel for appellant, dismissed upon the ground that appellant is not a party aggrieved within the meaning of CPLR 5511; motion for leave to appeal otherwise denied.
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23 cases
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Miller v. Miller
...sum of $2,500 is dismissed, as the mother is not aggrieved by that portion of the order ( seeCPLR 5511; Scopelliti v. Town of New Castle, 92 N.Y.2d 944, 681 N.Y.S.2d 472, 704 N.E.2d 226;Matter of Glatzer v. Glatzer, 73 A.D.3d 1173, 1174, 905 N.Y.S.2d 607;Impastato v. Impastato, 62 A.D.3d 75......
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In re Charle C.E.
...904 N.Y.S.2d 132 ; Unitrin Advantage Ins. Co. v. Duclaire, 49 A.D.3d 863, 853 N.Y.S.2d 906 ; see also Scopelliti v. Town of New Castle, 92 N.Y.2d 944, 681 N.Y.S.2d 472, 704 N.E.2d 226 ; Day v. Syosset Cent. Sch. Dist., 105 A.D.3d 888, 888–889, 963 N.Y.S.2d 320 ). The Family Court properly f......
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Vollkommer v. Vollkommer
...attorney, is dismissed, as the plaintiff is not aggrieved by that portion of the order ( seeCPLR 5511; Scopelliti v. Town of New Castle, 92 N.Y.2d 944, 681 N.Y.S.2d 472, 704 N.E.2d 226;Matter of Miller v. Miller, 96 A.D.3d 943, 943–944, 947 N.Y.S.2d 541); and it is further, ORDERED that the......
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Alloway v. Bowlmor AMF Corp.
...as it concerns the imposition of sanctions against plaintiffs' counsel must be dismissed (see generally Scopelliti v.Town of New Castle , 92 N.Y.2d 944, 945, 681 N.Y.S.2d 472, 704 N.E.2d 226 [1998] ). Only an aggrieved party may appeal from an order (see generally CPLR 5511 ) and, here, it ......
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