Opinion
Submitted October 4, 1948
Decided October 7, 1948
Appeal from the Supreme Court, Appellate Division, Fourth Department, KELLY, J.
Charles J. McDonough for motion.
Gordon Steele, District Attorney ( Robert S. Lesher of counsel), opposed.
Motion dismissed on the ground that the order was made in a proceeding originally commenced in a court other than the Supreme Court, a County Court, a Surrogate's Court or the Court of Claims (Civ. Prac. Act, § 589, subd. 1, par. [b]; N.Y. Const., art. VI, § 7, subd. [6]).