Majority
p. 609Third Department, May, 1956 (May 10, 1956) City of Albany, Respondent, v. Coplin Yaras, Appellant, et al., Defendants.
Motion for permission to appeal to the Court of Appeals upon certified questions. Motion granted and this court certifies the following question: Did this court err as a matter of law in dismissing the appeal taken to this court by the defendant-appellant from an order and judgment of the County Court of Albany County dated December 22, 1955? Present—Foster, P. J., Bergan, Coon, Zeller and Gibson, JJ. [See 1 A D 2d 989 .]