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MATTER OF DYNO v. Village of Johnson City

Citations: 94 N.Y.2d 818; 701 N.Y.S.2d 709; 723 N.E.2d 564; 1999 N.Y. LEXIS 3921

Court: New York Court of Appeals; November 29, 1999; New York; State Supreme Court

Narrative Opinion Summary

The Court of Appeals of the State of New York addressed the case of Julia Dyno et al. v. Village of Johnson City et al. The court denied the motion for reconsideration of its prior dismissal order issued on September 14, 1999. Additionally, the motion seeking leave to appeal from the Appellate Division's affirmation of the Supreme Court's judgment, which denied the appellants' motion to amend the petition, was dismissed. The dismissal was based on the determination that this aspect of the order does not constitute a final decision in accordance with constitutional standards. The court also denied any other requests for leave to appeal.

Legal Issues Addressed

Denial of Motion for Reconsideration

Application: The court denied the motion for reconsideration of its prior dismissal order, maintaining its original decision.

Reasoning: The court denied the motion for reconsideration of its prior dismissal order issued on September 14, 1999.

Finality of Decisions for Appeal

Application: The Court determined that the aspect of the order from which leave to appeal was sought does not constitute a final decision, thus dismissing the request for appeal.

Reasoning: The dismissal was based on the determination that this aspect of the order does not constitute a final decision in accordance with constitutional standards.

Leave to Appeal from Affirmation of Judgment

Application: The court dismissed the motion for leave to appeal from the Appellate Division's affirmation of the Supreme Court's judgment, indicating that the appeal was not permissible.

Reasoning: Additionally, the motion seeking leave to appeal from the Appellate Division's affirmation of the Supreme Court's judgment, which denied the appellants' motion to amend the petition, was dismissed.