Opinion
Submitted February 13, 1967
Decided February 21, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BIRDIE AMSTERDAM, J.
Nathan L. Levine for motion and opposed to cross motion.
Patrick J. Hughes opposed to motion and for cross motion.
Motion granted and appeals dismissed, with costs and $10 costs of motion, upon the ground that there is no statutory warrant for a direct appeal to the Court of Appeals from a decision made after an order of remission of the Appellate Division that is final within the meaning of the Constitution (cf. Buffalo Elec. Co. v. State of New York, 14 N.Y.2d 453, 459).
Cross motion denied, with $10 costs.