SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
October 23, 1969
IN THE MATTER OF HARRY J. STEWART, JR., RESPONDENT,
NEW YORK STATE LIQUOR AUTHORITY ET AL., APPELLANTS
Appeal from order of Erie Special Term annulling determination of State Liquor Authority and remitting matter.
Goldman, P. J., Witmer, Gabrielli, Moule and Henry, JJ.
Memorandum: Special Term's order is not a judgment from which an appeal could be taken as a matter of right (CPLR 5701, subd. [a], par. 1), but is an order in an article 78 proceeding (CPLR 5701, subd. [b], par. 1) from which an appeal may be taken only by permission of the Justice who made the order or by permission of a Justice of the Appellate Division (CPLR 5701, subd. [c]; Matter of Vivenzio v. City of Utica, 30 A.D.2d 771; Matter of Soros v. Board of Appeals, 24 A.D.2d 705; Matter of Album v. Anderson, 24 A.D.2d 730). No such permission was obtained and the appeal must therefore be dismissed.
Appeal unanimously dismissed, without costs.
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