Opinion
Submitted October 1, 1956
Decided October 11, 1956
Appeal from the Supreme Court, New York County, MORRIS EDER, J.
Herman Spingarn for motion.
Peter Campbell Brown, Corporation Counsel ( Benjamin Offner of counsel), opposed.
Motion dismissed, with $10 costs, upon the ground that the Court of Appeals lacks jurisdiction to entertain the motion since the Appellate Division has not passed upon the judgment or decree sought to be appealed from.