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MATTER OF ADIRONDACK MOUNTAIN RESERVE v. BD. OF ASSESSORS OF THE TOWN OF N. HUDSON

64 N.Y.2d 727 (1984)

In the Matter of Adirondack Mountain Reserve, Appellant, v. Board of Assessors of the Town of North Hudson, Respondent. (And Another Proceeding.)

Court of Appeals of the State of New York.

Decided December 20, 1984.

Attorney(s) appearing for the Case

David Sive, Robert J. Kafin, Daniel Riesel, Janet D. Smith and William R. Ginsberg for appellant.

Edward J. Trombley for respondent.

Robert Abrams, Attorney-General (Lawrence A. Rappoport, Peter H. Schiff, James A. Sevinsky, and N. Philip Wardwell of counsel), for Henry G. Williams, as Commissioner of Environmental Conservation of the State of New York, amicus curiae.

John J. Loflin, John Grimmer and Ruth E. Ross for Adirondack Council and others, amici curiae.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The appeal taken as of right should be dismissed, without costs, upon the grounds that (1) no appeal lies as of right from the unanimous affirmance by the Appellate Division with respect to unconsolidated proceeding No. 1 (CPLR 5601), and (2) the dissent with respect to proceeding No. 2 is not on a question of law (CPLR 5601, subd [a], par [i]). On the court's own motion leave to appeal is granted to petitioner...

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