People ex rel. Taylor v. Herold

Motion dismissed. The order dismissing the writ from which an appeal is sought to be taken was made by a Justice of the Supreme Court, not by the Appellate Division, and, accordingly, the order is not appealable to the Court of Appeals (N. Y. Const., art. VI, § 3, subd. b; CPLR 5601, 5602). Relator is free to apply for a new writ and, if relief is again denied by a Justice of the Supreme Court, an appeal may be taken to the Appellate Division.