Opinion
April 15, 1976
Appeal from the Erie County Court.
Present — Moule, J.P., Cardamone, Simons, Mahoney and Dillon, JJ.
Appeal dismissed without costs. All concur, Dillion, J., not participating. Memorandum: No appeal lies to this court from an order of County Court acting on appeal from an order of a lower court (Serrino v D B Barr, Inc., 37 A.D.2d 912; Ellis v Greco, 34 A.D.2d 879; CPLR 5703, subd [b]). If we were to pass on the merits of the appeal we would affirm the order (see Batista v St. Luke's Hosp., 46 A.D.2d 806; Moran v Rynar, 39 A.D.2d 718; Benn v Baltimore Ohio R.R. Co., 286 App. Div. 992).