Battaglia v. Morton — 298 N.Y. 868

Majority

p. 868

In the Matter of Biagio Battaglia, Respondent, against Ferdinand Q. Morton et al., Constituting the Municipal Civil Service Commission of the City of New York, Appellants.

Argued January 6, 1949;

p. 870

John P. McGrath, Corporation Counsel (Robert E. Hugh and Seymour B. counsel), for appellants.

George Langberg, Nathan Ringel and Manuel A. Ytuarte for respondent.

In tbe absence of an order by tbe Appellate Division or by this court appellants leave to appeal, we may not review tbe order of tbe Appellate Division dated June 14, 1948, which affirmed unanimously tbe order of Special Term where — in accord with tbe direction contained in tbe prior intermediate order of tbe Appellate Division dated June 24, 1947 — certain issues of fact were tried and determined. (Civ. Prac. Act, § 588, subd. 2; § 589, subd. 2, cls. [a], [b].)

Tbe appeal should be dismissed with costs.

LotjgheaN, Cb. J., Lewis, DesmoNd, Dye and Fuld, JJ., concur.