Kookogey v. O'Hara — 246 N.Y. 535

Majority

p. 535

Frederick K. Kookogey, Appellant, v. Charles A. O’Hara, Respondent, Impleaded with Others.

Headnote

Appeal — judgment entered upon order of Appellate Division dismissing appeal thereto — failure to file undertaking —• appeal to Court of Appeals dismissed.

Kookogey v. O’Hara, 220 App. Div. 790 , appeal dismissed.

(Submitted October 3, 1927;

decided October 11, 1927.)

Motion to dismiss an appeal from a judgment, entered May 24, 1927, upon an order of the Appellate Division

p. 536

of the Supreme Court in the third judicial department, which dismissed an appeal from a judgment in favor of defendant entered upon a dismissal of the complaint by the court at Special Term.

The motion was made upon the grounds that the Court of Appeals had no jurisdiction to entertain the appeal and of failure to file the required undertaking.

Walter J. Welch for motion.

William S. Sinclair opposed.

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