Opinion
June 20, 1935.
Appeal from Supreme Court of New York County.
Charles E. Ramsgate of counsel [ Paxton Blair with him on the brief; Paul Windels, Corporation Counsel], for the appellants.
Samuel Resnicoff, for the respondent.
Present — MARTIN, P.J., MERRELL, McAVOY, O'MALLEY and UNTERMYER, JJ.
This motion, made exclusively upon the ground that the limitation of time specified in section 1288 of the Civil Practice Act has expired, was properly denied. We do not, however, decide the question whether certiorari is the proper remedy, that question not having been raised here or in the court below.
The order appealed from should be affirmed, with twenty dollars costs and disbursements.
Order affirmed, with twenty dollars costs and disbursements.