Matter of Besch
This text of 95 N.E. 697 (Matter of Besch) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
While we are of the opinion that the order sought to he reviewed was made without authority, we are also of the opinion that it is not a final order in a special proceeding and subject to appeal to this court, hut that its validity may be tested by the appellant when any attempt is made to punish him for failing to comply with the order. (Matter of Strong v. Randall, 177 N. Y. 400.) The appeal, therefore, is dismissed, but, under the circumstances, without costs; no opinion.
Concur: Cullen, Ch. J., Vann, Werner, Hiscock and Collin, JJ.; Haight, J., concurs only in the dismissal of the appeal. Absent: Gray, J.
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Cite This Page — Counsel Stack
95 N.E. 697, 202 N.Y. 552, 1911 N.Y. LEXIS 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-besch-ny-1911.