Matter of Pollner v. Bruckman

Full title: In the Matter of the Application of ANDREW POLLNER, Petitioner…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 24, 1938

254 App. Div. 488 (N.Y. App. Div. 1938)

Opinion

June 24, 1938.

Appeal from Supreme Court of New York County.

Monroe I. Katcher, II, of counsel [ Francis V. McHugh, attorney], for the appellants.

No appearance for the respondent.

Present — O'MALLEY, TOWNLEY, UNTERMYER, DORE and COHN, JJ.

PER CURIAM.

The determination of the motion on which this order was entered in no way involved the merits of the petitioner's application. No provision is made in the statute for an appeal from such an order. Pursuant to the direction therein, the cause is transferred to this court and, when the matter is brought before it on the merits, will be disposed of accordingly. (Civ. Prac. Act, § 1296. Cf. Matter of Brenner v. Bruckman, 253 App. Div. 607; appeal dismissed, 278 N.Y. 503.)

The appeal should be dismissed, without costs.

PER CURIAM.

Appeal unanimously dismissed, without costs.