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MATTER OF DRISCOLL v. DEP'T OF FIRE OF THE CITY OF SYRACUSE

112 A.D.2d 751 (1985)

In the Matter of Daniel J. Driscoll, Respondent, v. Department of Fire of the City of Syracuse et al., Appellants

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

July 12, 1985

Appeal unanimously dismissed, without costs.

Memorandum:

An appeal from a nonfinal intermediate order in a CPLR article 78 proceeding does not lie as a matter of right (CPLR 5701 [b] [1]). Such an appeal is authorized only upon permission of the Judge who made the order or from a Justice of the Appellate Division (CPLR 5701 [c]). Since no permission to appeal has been sought or granted, this appeal must be dismissed (Matter of Steele v City of Buffalo Dept...

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