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MTR. OF CITY OF JAMESTOWN v. SFETKO

15 A.D.2d 403 (1962)

In the Matter of The City of Jamestown, Respondent, v. James N. Sfetko et al., Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 22, 1962.

Attorney(s) appearing for the Case

Gerace & Lodestro (Joseph Gerace of counsel), for appellants.

Daniel A. Isaacson for respondent.

BASTOW, J. P., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ., concur.

Per Curiam.

"There is no provision in the Condemnation Law for an appeal from a preliminary judgment of condemnation in favor of the plaintiff. Defendant's remedy is to wait and appeal from the final order confirming the report of the commissioners, and bring up the interlocutory judgment upon that appeal. The same is true as to an order appointing commissioners, or overruling preliminary objections made to the petition." (17 Carmody-Wait, New York Practice...

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