From Casetext: Smarter Legal Research

Matter of Clark v. Burke

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1944
268 App. Div. 864 (N.Y. App. Div. 1944)

Opinion

October 9, 1944.

Present — Close, P.J., Carswell, Johnston, Lewis and Aldrich, JJ.


Motion for leave to appeal from an intermediate order made pursuant to article 78 of the Civil Practice Act denied, without costs. Section 1304 of the Civil Practice Act requires that leave to appeal from such an order be obtained from the court which made the intermediate order and not from the Appellate Division. Motions to dismiss appeal granted, without costs, and appeal dismissed, without costs.


Summaries of

Matter of Clark v. Burke

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1944
268 App. Div. 864 (N.Y. App. Div. 1944)
Case details for

Matter of Clark v. Burke

Case Details

Full title:In the Matter of FRANK CLARK, Petitioner, against JAMES A. BURKE, as…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 9, 1944

Citations

268 App. Div. 864 (N.Y. App. Div. 1944)

Citing Cases

Matter of Sunland Beverage Corp. v. Rohan

The order appealed from is an intermediate order. No separate appeal lies therefrom in the absence of a…

Shulman v. Rex Specialty Bag Corp.

Appeals dismissed, without costs. The order is not appealable as a matter of right. (Civ. Prac. Act, § 1304;…