Lacharite v. Ducatte

Full title: GUY LACHARITE, Appellant, v. EMMETT J. DUCATTE, Respondent

Court: Court of Appeals of the State of New York

Date published: Jan 9, 1958

4 N.Y.2d 700 (N.Y. 1958)

171 N.Y.S.2d 91

148 N.E.2d 305

Opinion

Submitted January 6, 1958

Decided January 9, 1958

Appeal from the Appellate Division of the Supreme Court in the third judicial department, ANDREW W. RYAN, J.

Orville R. Dunn for motion.

No one opposed.

Motion by appellant granted and appeal dismissed. The order appealed from directs a trial where there never had been a trial. In the absence of permission by the Appellate Division to appeal upon one or more certified questions, an appeal to this court does not lie (N.Y. Const., art. VI, § 7, subd. [3]; Civ. Prac. Act, § 588, subd. 3; Matter of Schenfeld v. Lawlor, 307 N.Y. 916; Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284). In view of this dismissal, application for a stay denied.