Majority
p. 879In the Matter of Jerome A. Weiss, Respondent, v. Robert E. Herman, as Commissioner and State Rent Administrator, Appellant. Argued December 5, 1962; decided December 31, 1962.
p. 880
Jack 8obeli and Harold Zucker for appellant.
Edward Ingram for respondent.
Appeal dismissed, with costs, upon the ground that the order appealed from is one unanimously affirming an order of Special Term granting a new hearing from which an appeal lies only upon the filing of a stipulation for order absolute (N. Y. Const., art. VI, § 3, subd. b, par. [3]; Civ. Prac. Act, § 588, subd. 3) or by permission of the Court of Appeals (Civ. Prac. Act, § 589, subd. 2).