McDonald v. State — 221 N.Y. 630

Majority

p. 630

Charles E. McDonald, as Administrator of the Estate of James W. McDonald, Deceased, Respondent, v. The State of New York, Appellant.

(Submitted July 11, 1917;

decided July 11, 1917.)

Headnote

McDonald v. State of New York, 178 App. Div. 943 , appeal dismissed.

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 1Y, 191Y, unanimously affirming a judgment in favor of plaintiff entered upon an award of the Court of Claims.

The motion was made upon the ground that the judg

p. 631

ment appealed from was not reviewable by the Court of Appeals.

Elijah W. Holt for motion.

Carey D. Davie opposed.

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