Matter of Albano v. Hammond

196 N.E. 594, 267 N.Y. 590, 1935 N.Y. LEXIS 1315

• Court: New York Court of Appeals
• Decided: May 3, 1935
• Status: Published

Opinion

Motion denied, with ten dollars costs and necessary printing disbursements. The motion for permission to appeal should be denied upon the ground that the appellant may appeal as a matter of right under subdivision 1 of section 588 of the Civil Practice Act. (See Matter of Sage v. Broderick, 249 N. Y. 601; People ex rel. Regan v. Enright, 240 N. Y. 581.) Where an order of certiorari is returnable in the first instance in the Appellate Division the decision of the Appellate Division, annulling a determination of a quasi-judicial body, is treated in this court as a reversal and permission to appeal from the order of the Appellate Division is unnecessary.