Pinelawn Cemetery v. Simon — 16 A.D.2d 765

Majority

p. 765

In the Matter of Pinelawn Cemetery, Respondent, v. Caroline K. Simon et al., Constituting the Cemetery Board in the Division of Cemeteries in the Department of State of the State of New York, et al., Appellants.

Appeal from order entered on October 23, 1961 remitting the matter to the Cemetery Board for further action is dismissed, without costs (Matter of North Amer. Holding v. Murdock, 6 A D 2d 596 , affd. 6 N Y 2d 902 ). Motion to dismiss appeal granted. Concur — Botein, P. J., Breitel, Rabin, Valente and Bergan, JJ. [ 30 Misc 2d 654 .]

Cases cited

North American Holding Corp. v. Murdock 6 A D 2d 596 N.Y. App. Div. 1958-12-09 p. 765
North American Holding Corp. v. Murdock 6 N Y 2d 902 N.Y. 1959-07-08 p. 765
Pinelawn Cemetery v. Simon 30 Misc 2d 654 N.Y. Sup. Ct. 1961-10-11 p. 765