Opinion
Argued January 21, 1960
Decided March 24, 1960
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SIDNEY A. FINE, J.
George Salvatore for appellant-respondent.
Lewis Abrahams and Adolph C. Orlando for respondents-appellants.
Samuel D. Smoleff for Citizens Union of the City of New York, amicus curiae. Robert C. Rosenberg and J. Boyd Henson for Association of New York State Young Republican Clubs, Inc., amicus curiae.
Appeal by plaintiff dismissed, without costs, upon the ground that the question certified is not decisive of the correctness of the order appealed from since it appears from such order that the decision of the Appellate Division was based in part upon an exercise of discretion ( Evadan Realty Corp. v. Patterson, 297 N.Y. 732; Cohen and Karger, Powers of the New York Court of Appeals, pp. 375-377). Appeal by defendants dismissed, without costs, upon the ground that it is taken without permission of the Appellate Division from an order that is not final ( Maryland Cas. Co. v. Roebling's Sons Co. of N.Y., 266 N.Y. 610).