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D'ANGELO v. STATE

36 N.Y.2d 730 (1975)

Thomas D'Angelo et al., Doing Business as Triple Cities Construction Company, Respondents, v. State of New York, Appellant. (Claim No. 50250.)

Court of Appeals of the State of New York.

Decided March 19, 1975.

Attorney(s) appearing for the Case

James B. Gitlitz for motion.

Louis J. Lefkowitz, Attorney-General (Richard J. Dorsey of counsel), opposed.

Motion granted and appeal dismissed, without costs, to the extent that review is sought of the final order of the Appellate Division, entered December 23, 1974, upon the ground that that order is not separately reviewable as of right, absent a substantial constitutional question. Upon the appeal pursuant to CPLR 5601 (subd [d]), only the prior nonfinal order of the Appellate Division may be reviewed. (NY Const., art VI, § 3, subd b, par [1]; CPLR 5501, subd [b]; 5601...

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