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Dyno v. Village of Johnson City

Citations: 93 N.Y.2d 1033; 719 N.E.2d 915; 697 N.Y.S.2d 555; 1999 N.Y. LEXIS 2918

Court: New York Court of Appeals; September 14, 1999; New York; State Supreme Court

Narrative Opinion Summary

The appeal regarding the Appellate Division order, which upheld the Supreme Court’s judgment denying the appellants' motion to amend the petition, has been dismissed by the Court of Appeals without costs. This dismissal is based on the determination that the portion of the order in question does not constitute a final decision in the proceedings as defined by the Constitution. Additionally, the appeal has been dismissed on the grounds that no significant constitutional question is directly involved, also without costs.

Legal Issues Addressed

Constitutional Question Requirement for Appeals

Application: The appeal was dismissed as it did not involve a significant constitutional question.

Reasoning: Additionally, the appeal has been dismissed on the grounds that no significant constitutional question is directly involved, also without costs.

Final Decision Requirement for Appeals

Application: The Court of Appeals determined that the order in question was not a final decision, thus dismissing the appeal.

Reasoning: This dismissal is based on the determination that the portion of the order in question does not constitute a final decision in the proceedings as defined by the Constitution.