King v. Barnes — 22 N.Y. St. Rep. 51

Majority

p. 51

Thomas M. King et al., v. Reon Barnes et al.

(Supreme Court, General Term, Second Department,

Filed February 11, 1889.)

Headnote

Appeal—Motion to dismiss.

The order of October 13, 1888, appointing a receiver of the defendant corporation, The Ñew York Transit and Terminal Company (limited), having been affirmed at the present term of the court, on a motion being-made to dismiss the appeal from the order: Held, that the order having: been affirmed, it will be unnecessary to dismiss the appeal.

Motion to dismiss appeal.

William B. Hornblower and James McNamee, forapp’lts; MacFarland, Boardman & Platt, for resp’ts.

—A motion was made at the general term in-December,, in Brooklyn, to appeal order of October 13, 1888, for the appointment of a receiver.

The terminal company has passed into the hands and under the control of new officers, who do not desire further litigation on that subject.

We have affirmed the order of October 13, 1888, at the present term of the court, and it is unnecessary for us now to dismiss the appeal.

We will, therefore, deny this motion to dismiss, without, costs.

Pratt, J., concurs; Barnard, P. J., not sitting.