Wallace v. Wyandanch Union Free School Dist.
| Decision Date | 05 July 1977 |
| Citation | 396 N.Y.S.2d 421,58 A.D.2d 813 |
| Court | New York Supreme Court — Appellate Division |
| Parties | In the Matter of James WALLACE, Respondent, v. WYANDANCH UNION FREE SCHOOL DISTRICT et al., Appellants. |
Braun, Pachman, Freidel, Oshrin & Block, P. C., Commack (Alan D. Oshrin, Commack, of counsel), for appellants.
Hugh J. Leitch, Babylon (Joseph A. Mule, Babylon, of counsel), for respondent.
Before LATHAM, J. P., and SHAPIRO, HAWKINS and SUOZZI, JJ.
MEMORANDUM BY THE COURT.
In a proceeding pursuant to CPLR article 78 in which petitioner inter alia seeks reinstatement to his position as Supervisor of Transportation, the appeal, as limited by appellants' brief, is from so much of an order of the Supreme Court, Suffolk County, dated February 3, 1977, as denied their motion to dismiss the petition pursuant to CPLR 3216 for want of prosecution.
Appeal dismissed, without costs or disbursements.
This appeal from an intermediate order in an article 78 proceeding does not lie as of right; nor has permission for the taking thereof been sought or granted. The appeal must therefore be dismissed (see CPLR 5701, subd. (b), par. 1; Cirasole v. Simins, 48 A.D.2d 795, 369 N.Y.S.2d 423; Hawley v. Town of Aurora, 41 A.D.2d 588, 340 N.Y.S.2d 10; Matter of Vivenzio v. City of Utica, 30 A.D.2d 771, 292 N.Y.S.2d 311; see, also, Matter of Soros v. Board of Appeals of Vil. of Southampton, 24 A.D.2d 705, 706, 263 N.Y.S.2d 44, 45).
Had permission to appeal been sought (see CPLR 5701, subd. (c)), we would have denied that application.
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