Opinion
June 22, 1937.
Appeal from Supreme Court of New York County.
Louis Boehm of counsel [ Gabriel Rubino with him on the brief; Boehm Rubino, attorneys], for the appellant.
Sol M. Stroock of counsel [ Szold Brandwen and John S. Montgomery, attorneys], for the respondents.
Joseph M. Proskaner of counsel [ Lord, Day Lord, attorneys], for the respondents Joyce and others.
Present — MARTIN, P.J., UNTERMYER, DORE, COHN and CALLAHAN, JJ.
The order denying petitioner's motion to strike out certain provisions in two orders herein entered on March 29, 1935, and June 4, 1935, pursuant to the terms of which provisions the court purported to reserve to the justice named therein jurisdiction of the matter for certain specified purposes "and for all other purposes," should be affirmed, with twenty dollars costs and disbursements, but on the ground that the petitioner, after notice, failed to make any seasonable objection to the provisions in question. We do not, however, approve of the practice of making orders which include provisions purporting to confer exclusive jurisdiction or supervisory power over an action or proceeding upon any single justice of the court.
Order unanimously affirmed, with twenty dollars costs and disbursements.