Matter of City of New York v. . Mitchell

76 N.E. 1091, 183 N.Y. 570, 1906 N.Y. LEXIS 842

Opinion

Motion to amend remittitur so as to provide that “ the order and judqment appealed from be affirmed, with costs.” (See 183 N. Y. 245.)

Motion denied, without costs. What appears to be designated in the record on appeal as a judgment of the Appellate Division is, under sections 2141 and 2143 of the Code of Civil Procedure, denominated a final order. It is that order which has been affirmed by this court, and the application is, therefore, unnecessary ; we prefer to adhere to the nomenclature prescribed by the Code.