MATTER OF BROOKLYN UNION GAS CO. v. STATE BD. OF EQUALIZATION & ASSESSMENT


64 N.Y.2d 643 (1984)

In the Matter of the Brooklyn Union Gas Company, Respondent, v. State Board of Equalization and Assessment, Appellant, and the City of New York, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1984.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Maurice K. Peaslee, Peter H. Schiff and Robert Hermann of counsel), for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (John P. MacArthur of counsel), for intervenor-appellant.

F. Peter O'Hara for respondent.


Motion to dismiss appeals denied. Where the Appellate Division has granted permission to appeal from a final order, the appeal is not subject to dismissal on the ground that no question of law is presented. If the Court of Appeals disagrees with the Appellate Division's opinion that "questions of law have arisen which * * * ought to be reviewed" (CPLR 5713), the appropriate disposition is an affirmance, not a dismissal of the appeal...

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