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CIRASOLE v. SIMINS

48 A.D.2d 795 (1975)

Peter J. Cirasole, Appellant, v. Herbert J. Simins, as Commissioner of The Department of Public Works of the City of New York, Respondent

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

June 12, 1975

The order appealed from is nonfinal, the Supreme Court having remanded the matter to the respondent for further proceedings which necessitated the taking of additional proofs as well as respondent's exercise of "residual discretion" (Matter of North Amer. Holding Corp. v Murdock, 6 A.D.2d 596, affd 6 N.Y.2d 902). Accordingly, since the appeal is from an...

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