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Serrino v. D & B Barr Inc.

37 A.D.2d 912 Court N.Y. App. Div. Decision date 1971-10-28 English

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p. 912
Beatrice M. Serrino et al., Respondents, v. D & B Barr Inc., Appellant. (Appeal No. 1.)

Appeal unanimously dismissed, without costs. Memorandum: No appeal lies to this court from an order of County Court acting on an appeal from an order of a lower court (CPLR 5703, subd. [b]). If we were to pass on the merits of the appeal we would affirm the order. (See De Francisco v. Rinaldo, 34 A D 2d 890 ; Ellis v. Greco, 34 A D 2d 879 .) (Appeal from order of Erie County Court affirming order of Buffalo City Court vacating notice of examination.) Present—Marsh, J. P., Witmer, Moule and Henry, JJ.