Majority
p. 1027Argued January 21, 1960; decided March 24, 1960.
Pasquale E. Mele, as Executive Member of the Republican County Committee of Bronx County for the 13th Executive District, Appellant-Respondent, v. John C. Ryder, Individually and as President of West Bronx Young Republican Club, et al., Respondents-Appellants.
George Salvatore for appellant-respondent.
Lewis Abrahams and Adolph C. Orlando for respondents-appellants.
Samuel D. Smoleff for Citizens Union of the City of New York, amicus curiæ.
Robert C. Rosenberg and J. Boyd Henson for Association of New York State Young Republican Clubs, Inc., amicus curiæ.
p. 1028
Appeal "by plaintiff dismissed, without costs, upon the ground that the question certified is not decisive of the correctness of the order appealed from since it appears from such order that the decision of the Appellate Division was based in part upon an exercise of discretion (Evadan Realty Corp. v. Patterson, 297 N. Y. 732 ; Cohen and Karger, Powers of the New York Court of Appeals, pp. 375-377). Appeal by defendants dismissed, without costs, upon the ground that it is taken without permis-. sion of the Appellate Division from an order that is not final (Maryland Cas. Co. v. Roebling’s Sons Co. of N. Y., 266 N. Y. 610 ).
Cases cited
- Evadan Realty Corp. v. Patterson 297 N. Y. 732 p. 1028