Dickey v. Gortner

Motion for leave to appeal to the Court of Appeals denied. We decided a similar application adversely to the appellant on November 7,1913. (See 159 App. Div. 913 .) The appellant, appealing from a final judgment in equity, does not require leave. He could appeal as a matter of right, if he took his appeal seasonably. If he did not, we cannot extend his time to appeal indirectly by granting leave. Present—Jenks, P. J., Burr, Staple-ton and Putnam, JJ.; Carr, J., taking no part.,