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MATTER OF LEUNG v. DEP'T OF MOTOR VEHICLES OF THE STATE OF NEW YORK

65 A.D.2d 736 (1978)

In the Matter of Fau T. Leung, Respondent, v. Department of Motor Vehicles of the State of New York, Appellant

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

November 28, 1978

The remand directed by the order will require further fact finding and adjudication as to which respondent is unfettered by any directive of Special Term. In that sense, the remand is not merely ministerial. (See Matter of Mid-Island Hosp. v Wyman, 15 N.Y.2d 374, 379; 7 Weinstein-Korn-Miller, NY Civ Prac, par 5701.26a.) Consequently, the order is a nonfinal one in an article 78 proceeding from which an appeal does not lie as of right...

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