Spencer v. Order of the Golden Seal — 202 N.Y. 584

Majority

p. 584

Hannah C. Spencer, Respondent, v. Order of the Golden Seal, Appellant.

Headnote

Spencer v. Order of the Golden Seal, 145 App. Div. —, appeal dismissed.

(Submitted May 29, 1911;

decided June 6, 1911.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 10,1911, which affirmed a judgment of the Chemung County Court affirming a judgment of the City Court of Elmira in favor of plaintiff.

The motion was made upon the grounds that the action was commenced in a court of inferior jurisdiction, was.

p. 585

therefore, not appealable of right to the Court of Appeals and that permission to appeal had not been obtained.

Thomas M. Losie for motion.

No one opposed.

Motion granted and appeal dismissed, with costs, and ten dollars costs of motion.