In re the Discovery of the Assets of the Estate of Hyams

We think the order entered upon our decision [See 205 App. Div. 893] is not in proper form, in that it should provide for a modification of the decree of the Surrogate’s Court and an affirmance thereof as so modified. From such an order the parties have the right to appeal to the Court of Appeals without permission. The order of this court should be resettled accordingly. Present — Kelly, P. J., Manning, Kelby, Young and Kapper, JJ.