Matter of Battaglia v. Morton

84 N.E.2d 636, 298 N.Y. 868, 1949 N.Y. LEXIS 1729

Opinion

Per Curiam.

In tbe absence of an order by tbe Appellate Division or by this court appellants leave to appeal, we may not review tbe order of tbe Appellate Division dated June 14, 1948, which affirmed unanimously tbe order of Special Term where — in accord with tbe direction contained in tbe prior intermediate order of tbe Appellate Division dated June 24, 1947 — certain issues of fact were tried and determined. (Civ. Prac. Act, § 588, subd. 2; § 589, subd. 2, cls. [a], [b].)

Tbe appeal should be dismissed with costs.

LotjgheaN, Cb. J., Lewis, DesmoNd, Dye and Fuld, JJ., concur.