# Gerard v. Barry

> New York Court of Appeals · April 6, 1978 · 44 N.Y. 729

URL: https://www.frixlaw.com/law-library/cases/5478004

## Case

- **Full name:** Mark J. Gerard v. William G. Barry, Constituting the New York State Racing and Wagering Board, Appellants-Respondents
- **Court:** New York Court of Appeals
- **Decided:** April 6, 1978
- **Citations:** 44 N.Y. 729
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5478004

## Opinion text

Appeal and cross appeal dismissed, without costs, by the Court of Appeals sua sponte, upon the grounds that (1) no party is aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]), and (2) insofar as the Appellate Division order denies petitioner’s cross motion made pursuant to CPLR 5518, it does not finally determine the proceeding within the meaning of the Constitution.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5478004. Public record. Not legal advice.