Opinion
Submitted April 29, 1935
Decided May 3, 1935
Appeal from the Supreme Court, Appellate Division, First Department.
Paul Windels, Corporation Counsel ( Seymour B. Quel and Paxton Blair of counsel), for motion.
Vincent A. Marsicano opposed.
Motion denied, with ten dollars costs and necessary printing disbursements. The motion for permission to appeal should be denied upon the ground that the appellant may appeal as a matter of right under subdivision 1 of section 588 of the Civil Practice Act. (See Matter of Sage v. Broderick, 249 N.Y. 601; People ex rel. Regan v. Enright, 240 N.Y. 581.) Where an order of certiorari is returnable in the first instance in the Appellate Division the decision of the Appellate Division, annulling a determination of a quasi-judicial body, is treated in this court as a reversal and permission to appeal from the order of the Appellate Division is unnecessary.