MATTER OF ALTSCHUL v. BUTTERFIELD FARMS, INC.


40 A.D.2d 654 (1972)

In the Matter of Alan Altschul, Respondent, v. Butterfield Farms, Inc., et al., Appellants

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

October 19, 1972


While we conclude that such an order is appealable, we hold further that it is not appealable as a matter of right (CPLR 5701, subd. [b] par. 1), and since no permission to appeal was obtained, the appeal is unanimously dismissed, without costs and without disbursements. While petitioner's moving papers purport to seek relief pursuant to section 624 of the Business Corporation Law, the substance of the application is in the nature of mandamus to enforce the common-law right...

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