Matter of 116 East 57th Street, Inc.

Full title: In the Matter of 116 EAST 57TH STREET, INC., Appellant

Court: Court of Appeals of the State of New York

Date published: Jun 10, 1955

127 N.E.2d 873 (N.Y. 1955)

308 N.Y. 1046

Opinion

Submitted April 25, 1955

Decided June 10, 1955

Appeal from the City Court of the City of New York, County of New York, MULCAHY, J.

116 East 57th Street, Inc., by Carlyle Finkelstein, its president and director, appellant, in person.

Jacob K. Javits, Attorney-General ( Ruth Kessler Toch and Henry S. Manley of counsel), in his statutory capacity under section 71 of the Executive Law.

George R. Adams, Abraham N. Davis and Isidor Enselman for New York County Lawyers' Association, amicus curiae, in support of the Attorney-General's position.

Appeal dismissed, with costs, upon the ground that an ex parte order does not finally determine a proceeding within the meaning of the Constitution.