MATTER OF McNULTY v. COSTELLO


36 A.D.2d 822 (1971)

In the Matter of John R. McNulty, Respondent, v. Thomas R. Costello, as Town Justice of The Town of Riverhead, et al., Appellants

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

April 5, 1971


Appeal from order dismissed, without costs. An order denying a motion for reargument is not appealable. Judgment modified, on the facts and in the interests of justice, by adding a decretal provision thereto directing petitioner to pay the $3 fee for the filing of a notice of appeal if said sum has not yet been paid. As so modified, judgment affirmed, without costs.

In our opinion, in the circumstances herein, it would have been an improvident exercise of discretion...

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