Opinion
Submitted October 22, 1943
Decided November 24, 1943
Appeal from the Supreme Court, Appellate Division, First Department, BERNSTEIN, J.
Motion for reargument of motion for leave to appeal is denied. The cases cited in denying the original motion show that the court is without power to entertain an appeal when it appears that an appellant has failed to comply with the limitations of time imposed by section 592, subdivision 3, of the Civil Practice Act. This court possesses only those powers which are conferred by the Constitution as limited by statute in accordance with the Constitution. Such powers thus limited may not be enlarged by consent of the parties.
Motion denied.