In re the Accounting of Central Trust Co. — 4 N.Y.2d 740

Majority

p. 740

In the Matter of the Accounting of Central Trust Company of Rochester, as Executor and Trustee under the Will of Gothlieb Kittelberger, Deceased, Respondent. Gladys Judd et al., Appellants; Frank D. Bertch et al., Respondents.

Argued January 16, 1958;

decided February 20, 1958.

p. 742

David M. Levy, Bernard M. Pogal and Samuel Levy for appellants.

Howard M. Woods and David M. Gray for Central Trust Company of Rochester, respondent.

George J. Shivington for Frank D. Bertch, respondent.

Arthur VD. Chamberlain, special guardian, respondent.

Philip M. Liebschute, in person, Murray De Leeuw and David M. Gray for Philip M. Liebschutz, respondent.

Edwin A. Williams and James M. Kiefer for Lora K. Martin and others, respondents.

Order of the Appellate Division entered June 19,1957, reversing a decree entered in the Surrogate’s Court of Monroe County on February 19,1957, affirmed, without costs to any party. We do not pass on three other Appellate Division orders entered on June 19, 1957, or on the Appellate Division order entered on July IS, 1956, which four latter orders appellants seek to bring up for review under section 580 of the Civil Practice Act as necessarily affecting the first above-mentioned Appellate Division order entered on June 19, 1957. None of these four last-mentioned orders are reviewable by us on this appeal since none of them ‘ ‘ necessarily affects ’ ’ any final order within the meaning of section 580 of the Civil Practice Act. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Fuld, Froessel, Van Voorhis and Burke.