Majority
p. 590In the Matter of Joseph Albano, Respondent, against Thomas W. Hammond, as Commissioner of the Sanitation Department of the City of New York, Appellant. (Submitted April 29, 1935; decided May 3, 1935.)
Paul Windels, Corporation Counsel (Seymour B. Quel and Paxton Blair of counsel), for motion.
Vincent A. Marsicano opposed.
Motion denied, with ten dollars costs and necessary printing disbursements. The motion for permission to appeal should be denied upon the ground that the appellant may appeal as a matter of right under subdivision 1 of section 588 of the Civil Practice Act. (See Matter of Sage v. Broderick, 249 N. Y. 601 ; People ex rel. Regan v. Enright, 240 N. Y. 581 .) Where an order of certiorari is returnable in the first instance in the Appellate Division the decision of the Appellate Division, annulling a determination of a quasi-judicial body, is treated in this court as a reversal and permission to appeal from the order of the Appellate Division is unnecessary.
Cases cited
- Sage v. Broderick 249 N. Y. 601 p. 590