Ellis v. Allen — 4 N.Y.2d 693

Majority

p. 693

In the Matter of James R. Ellis, as President of the Yonkers Committee for Peace, Respondent, against James E. Allen, Jr., as Commissioner of Education of the State of New York, Appellant.

Argued December 5, 1957;

decided January 9, 1958.

p. 694

Charles A. Brind, Jr., John P. Jehu, Elisabeth M. Eastman and George B. Farrington for appellant.

Emanuel Bedfield for respondent.

Appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution, without prejudice, however, to an application by appellant for permission to appeal. (Civ. Prac. Act, § 592, subd. 5, par. [b].) No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye,

Fuld, Froessel, Van Voorhis and Burke.