State Commission of Prisons v. Board of Supervisors

Majority

p. 558

In the Matter of the Application of the State Commission of Prisons, Appellant, against Board of Supervisors of the County of Nassau, Respondent.

Headnote

Appeal — order of Appellate Division vacating prior order and remitting proceeding to referee — appeal therefrom, without permission, dismissed. Matter of State Commission of Prisons, 193 App. Div. 903 , appeal dismissed.

(Argued November 16, 1920;

decided November 30, 1920.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered

p. 559

July 9, 1920, which vacated and set aside a prior order of said Appellate Division and remitted the proceeding to a referee for further proceedings and proof. The respondent contended that the order appealed from was not a final order determining the proceeding and that since permission to appeal had not been obtained the appeal should be ■dismissed.

Charles D. Newton, Attorney-General (Henry C. Henderson of counsel), for appellant.

Henry A. Uterhart and Stewart McKnight for respondent.

Appeal dismissed, with costs; no opinion.'

Concur: Collin, Hogan, Cardozo, Pound, Crane and Andrews, JJ. Not voting: His cock, Ch. J.