People Ex Rel. Bronx Gas & Electric Co. v. Barker
People Ex Rel. Bronx Gas & Electric Co. v. Barker
49 N.E. 775; 155 N.Y. 308; 9 E.H. Smith 308; 1898 N.Y. LEXIS 872
(North Eastern Reporter)
People Ex Rel. Bronx Gas & Electric Co. v. Barker
Opinion of the Court
The order appealed from not only reversed the order of the Special Term quashing the writ of certiorari, but reinstated the writ and remitted the proceedings to the Special Term for its determination upon the merits. Such determination may be in favor of the appellants.
The order appealed from is not an order finally determining a special proceeding, and, consequently, it is not appealable to this court. (Code C. P. § 190.)
The appeal should be dismissed, with costs.
All concur, except Gray, J., absent.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.