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MATTER OF COKER v. TOFANY

41 A.D.2d 693 (1973)

In the Matter of Adgie L. Coker, Respondent, v. Vincent L. Tofany, as Commissioner of Motor Vehicles, Appellant

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

February 23, 1973

Appeal unanimously dismissed, without costs.

Memorandum:

This appeal from an order in an article 78 proceeding is not maintainable as of right (CPLR 5701, subd. [b], par. 1) and permission to appeal was not obtained. Since the order remits the proceeding to appellant for a hearing, had permission to appeal been sought herein we would have denied the application (see Matter of Vicenzio v. City of Utica, 30 A.D.2d 771

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