People v. Silinsky — 244 N.Y. 524

Majority

p. 524

The People of the State of New York, Appellant, v. Frank Silinsky et al., Respondents.

Headnote

Appeal - — • reversal by Appellate Division of finding of fact but otherwise judgment unanimously affirmed — appeal without permission to Court of Appeals dismissed.

People v. Silinsky, 217 App. Div. 247 , appeal dismissed.

(Submitted November 16, 1926;

decided December 3, 1926.)

Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered t July 14, 1926, modifying by reversing a finding of fact and as modified unanimously affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.

p. 525

The motion was made upon the ground that the judgment itself was not modified and that permission to appeal not having been obtained, the Court of Appeals had no jurisdiction to entertain the appeal.

George Z. Medalie for motion.

Albert Ottinger, Attorney-General (Keyes Winter and Frederick E. Lewis of counsel), opposed.

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