¶1'Appeal unanimously dismissed, without costs. Memorandum: Under the order appealed from petitioner’s application to the Town Board is remanded to the board to take proof at a new hearing and to make a determination on the proof presented. Such further action as directed requires the exercise of quasi-judicial responsibility with respect to the issues and, therefore, it is not ministerial in character. (See Matter of American Holding Corp. v. Murdock, 6 A D 2d 596.) The order being intermediate and not final, is not appealable as of right but only upon obtaining leave to appeal (CPLR 5701, subd. [b], par. 1; subd. [c]). (Appeal from order of Brie Special Term remanding article 78 proceeding to Town Board.) Present — Del Vecchio, J. P., Marsh, Witmer and Simons, JJ.
41 A.D.2d 689
Coor Development Corp. v. Weber
Appellate Division of the Supreme Court of the State of New York
Decided February 23, 1973
Appellate Division of the Supreme Court of the State of New York · decided 1973-02-23
Cited by 3 later decisions — most recently September 1988
Good law ✅— No negative treatment on recordhow we know
Decided 1973-02-23
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