Majority
p. 817Second Department, June, 1959 (June 1, 1959) In the Matter of Sol Endig, Appellant, against Robert C. Weaver, as State Rent Administrator, Respondent, and Dino Rizzati et al., Intervenors-Respondents.
Motion referred to the court that heard the appeal. Present — Nolan, P. J., Wenzel, Beldoek, Murphy and Ughetta, JJ. Motion to consolidate a purported appeal from a final order of the Municipal Court of the City of New York, Borough of Brooklyn, Third District, taken directly to this court, with an appeal, pending in this court, from a final order in a proceeding pursuant to article 78 of the Civil Practice Act. Motion denied, without costs. An appeal from a final order of the Municipal Court in a special proceeding can be taken only to the Appellate Term. (See N. Y. Const., art. VI, § 3; N. Y. City Mun. Ct. Code, § 154; Civ. Prac. Act, § 622;
p. 818
Rules App. Term [2d Dept.], rule 1.) Present — Nolan, P. J.,. Beldock, Ughetta, Hallinan and Kleinfeld, JJ.