Majority
p. 725Submitted October 1, 1956; decided October 11, 1956.
In the Matter of the City of New York, Acting for and on Behalf of the New York City Housing Authority, Relative to Acquiring Title to Real Property within the Area Bounded by West 104th Street and Other Streets, in the Borough of Manhattan, Selected as a Site for Frederick Douglass Houses, Respondent. Henry Kelcinski et al., Appellants.
Herman Spingarn for motion.
Peter Campbell Brown, Corporation Counsel (Benjamin Offner of counsel), opposed.
Motion dismissed, with $10 costs, upon the ground that the Court of Appeals lacks jurisdiction to entertain the motion since the Appellate Division has not passed upon the judgment or decree sought to be appealed from.