Robinson v. Avery — 224 N.Y. 618

Majority

p. 618

Frank K. Robinson, Appellant, v. Esther A. Avery et al., Respondents.

Headnote

Robinson v. Anery, 182 App. Div. 912 , appeal dismissed.

(Submitted October 7, 1918;

decided October 15, 1918.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 30, Í918, unanimously affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term in an action to foreclose a mortgage. . .

The motion was made upon the ground that an appeal

p. 619

did not lie as of right to the Court of Appeals and that permission to appeal had not been obtained.

Glenn W. Fox for motion.

Frank Miller opposed.

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