People v. O'Rourke — 7 N.Y.2d 924

Majority

p. 924

The People of the State of New York, Respondent, v. John O’Rourke, Appellant, et al., Defendants.

Argued January 11, 1960;

decided January 21, 1960.

p. 925

Arthur Karger for motion.

Manuel W. Levine, District Attorney (Henry P. De Vine of counsel), opposed.

Motion dismissed upon the ground that the order sought to be appealed from is not a final order in a civil special proceeding but an interlocutory order in a criminal cause and not appeal-able to the Appellate Division.