MATTER OF HARPER MGMT. CO. v. CONCILIATION & APPEALS BD.


70 A.D.2d 848 (1979)

In the Matter of Harper Management Company, Respondent, v. Conciliation and Appeals Board, Appellant

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

June 26, 1979


Dismissed, without costs and without disbursements.

The order here appealed from is an intermediate order in an article 78 proceeding. As such, it is not appealable of right and nothing in the record indicates that permission to appeal has been granted (CPLR 5701, subd [b], par 1; subd [c]). Moreover, since the issue of willful and deliberate delay falls beyond respondent's competence, Special Term set that issue down for a hearing before the court. Accordingly, the...

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