Matter of Battaglia v. Morton
New York Court of Appeals
Matter of Battaglia v. Morton, 84 N.E.2d 636 (N.Y. 1949)
298 N.Y. 868; 1949 N.Y. LEXIS 1729
Lotjghean, Lewis, Desmond, Dye, Fuld
Matter of Battaglia v. Morton
Opinion of the Court
In tbe absence of an order by tbe Appellate Division or by this court appellants leave to appeal, we may not review tbe order of tbe Appellate Division dated June 14, 1948, which affirmed unanimously tbe order of Special Term where — in accord with tbe direction contained in tbe prior intermediate order of tbe Appellate Division dated June 24, 1947 — certain issues of fact were tried and determined. (Civ. Prac. Act, § 588, subd. 2; § 589, subd. 2, cls. [a], [b].)
Tbe appeal should be dismissed with costs.
Reference
- Full Case Name
- In the Matter of Biagio Battaglia, Respondent, Against Ferdinand Q. Morton Et Al., Constituting the Municipal Civil Service Commission of the City of New York, Appellants
- Cited By
- 1 case
- Status
- Published