Opinion
October 22, 1951.
The Special Term of the Supreme Court, Queens County, on July 11, 1951, made an order denying a motion, made on behalf of appellant John Harding by one Walter N. Smith as "Trustee," to make an order of the Court of Appeals the judgment of the Supreme Court and to amend a notice of appeal to the United States Supreme Court. Appellant, through the agency of said Walter N. Smith, as trustee, appeals to this court from the order of the Special Term. Appeal dismissed, without costs. It appears that no action is pending. It also appears that neither the appellant Harding personally, nor any attorney at law entitled to practice in the courts of this State, acting on his behalf, ever commenced an action in the Supreme Court of this State or took any appeal to this court. Under the circumstances we are required to dismiss the appeal. We have, nevertheless, examined the papers and find that there is no merit to the appeal. Nolan, P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.