Opinion
April 30, 1951.
In a proceeding pursuant to article 78 of the Civil Practice Act, order denying appellants' motion to compel respondent to accept service of a notice of appeal from an order which granted reargument but adhered to the original determination determining the proceeding in favor of the respondent, affirmed, with $10 costs and disbursements. The Special Term was without power to grant the motion. ( Ziadi v. Interurban St. Ry. Co., 97 App. Div. 137. ) Even if it had jurisdiction to determine the question, People ex rel. Manhattan Stor. Warehouse Co. v. Lilly ( 299 N.Y. 281) would require denial of the motion. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [See post, p. 750; 279 App. Div. 758.]