Opinion
Submitted November 10, 1958
Decided November 13, 1958
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
William Hoppen for motion and in opposition to cross motion.
Chambers, Clare Gibson, Harper Matthews, George B. Fargis, Maurice A. Taub, O'Connor and Murphy, and John G. Magan, in opposition to motion and for cross motion.
Motion dismissed.
Cross motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the appealable paper was the order of the Appellate Division of July 11, 1958, and not the order entered in the Surrogate's Court (Civ. Prac. Act, § 591, subd. 2, as amd. by L. 1953, ch. 417; see Matter of Noble, 2 N.Y.2d 725) and that the time to appeal from such order of the Appellate Division has expired (Civ. Prac. Act, § 592, subd. 1).