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MATTER OF TON-DA-LAY, LTD. v. DIAMOND

35 N.Y.2d 789 (1974)

In the Matter of Ton-Da-Lay, Ltd., Respondent, and Franklin County et al., Intervenors-Respondents, v. Henry L. Diamond, as Commissioner of Environmental Conservation, et al., Appellants, and Sierra Club, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided November 15, 1974.

Attorney(s) appearing for the Case

David N. Ellenhorn for motion.

Louis J. Lefkowitz, Attorney-General (Julius Feinstein of counsel), and Robert J. Kafin opposed.

Motion granted and appeals dismissed, without costs and without prejudice to an application for leave to appeal, on the ground that the order of the Appellate Division did not direct a modification in a substantial respect by which appellants were aggrieved (CPLR 5601, subd. [a], par. [iii]; Matter of Kaplan v. Rohan, 7 N.Y.2d 884). Appeal, if any, lies from the order of the Appellate Division rather than from its opinion. Accordingly...

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