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R. & S. Realty Co. v. Herman

12 N.Y.2d 880 Court N.Y. Decision date 1962-12-31 English

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p. 880
In the Matter of R. & S. Realty Co., Respondent, v. Robert E. Herman, as State Rent Administrator, Appellant.
Argued December 5, 1962;
decided December 31, 1962.
p. 881
Jack 8obeli and Harold Zucker for appellant.
Theodore D. Ostrow and Richard M. Michaelson for respondent.

Appeal dismissed, with costs, upon the ground that the order appealed from is an intermediate order reversing an order of Special Term and granting a new hearing. An appeal from such an order 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). (Cf. Matter of Weiss v. Herman, 12 N Y 2d 879 , decided herewith.) We do not read the 1961 amendment to the Emergency Housing Rent Control Law (§ 9, subd. 2, as amd. by L. 1961, ch. 337) as creating an appeal as of right to the Court of Appeals.

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