Schenfeld v. Lawlor

New York Court of Appeals

Schenfeld v. Lawlor

123 N.E.2d 569, 307 N.Y. 916, 1954 N.Y. LEXIS 1599

New York Court of Appeals·Decided December 3, 1954·Published·Cited by 2 cases

Opinion

Per Curiam.

In the absence of permission by the Appellate Division to appeal upon one or more certified questions, this appeal must be dismissed, since the order appealed from is not one for a new hearing in place of an old hearing, but directs a hearing to be had for the first time (Oiv. Prac. Act, § 588, subd. 3; Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284).

The appeal should be dismissed, with costs.

Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ., concur; Van Voorhis, J., taking no part.

Appeal dismissed.

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Per Curiam.

In the absence of permission by the Appellate Division to appeal upon one or more certified questions, this appeal must be dismissed, since the order appealed from is not one for a new hearing in place of an old hearing, but directs a hearing to be had for the first time (Oiv. Prac. Act, § 588, subd. 3; Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284).

The appeal should be dismissed, with costs.

Lewis, Ch. J., Conway, Desmond, Dye, Fuld and Froessel, JJ., concur; Van Voorhis, J., taking no part.

Appeal dismissed.

Schenfeld v. Lawlor, 123 N.E.2d 569, 307 N.Y. 916, 1954 N.Y. LEXIS 1599 (N.Y. 1954).

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Opinion

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