MATTER OF DILLON ALL POINTS, INC. v. NEW YORK STATE TAX COMM'N


125 A.D.2d 848 (1986)

In the Matter of Dillon All Points, Inc., et al., Appellants, v. New York State Tax Commission, Respondent

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

December 24, 1986


Mikoll, J.

CPLR 5701 (b) (1) provides that an order made in a CPLR article 78 proceeding is not appealable as of right. The instant order is an intermediate order vacating respondent's default and permitting it to interpose an answer. This appeal must be dismissed in that petitioners have neither sought nor been granted permission to appeal (see, Matter of Redemption Church of Christ of Apostolic Faith...

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