Rubin v. City of Syracuse — 241 N.Y. 504

Majority

p. 504

William Rubin et al., Appellants, v. The City of Syracuse, Respondent.

Headnote

Appeal —failure to obtain permission to appeal from order granting motion to strike case from calendar.

Rubin v. City of Syracuse, 212 App. Div. 475 , appeal dismissed.

(Argued October 5, 1925;

decided October 6, 1925.)

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 25, 1925, which reversed an order of Special Term denying a motion to strike the within case from the Special Term calendar and granting said motion.

The motion was made upon the ground that an appeal did not lie of right to the Court of Appeals and that permission to appeal had not been obtained.

p. 505

Henry E. Wilson for motion.

William Rubin opposed.

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