Altimari v. Meisser

Appeal dismissed, without costs, in a memorandum: The court declines to pass on this matter at this time. We consider it more orderly to allow the proceeding to continue to a final order which presumably will ultimately reach this court on an appeal in due course (rather than by the intermediate procedure used in Betzag v. Gulf Oil Corp., 301 N. Y. 576, and attempted to be used here). We make it clear that we are not now passing on any question of law, fact, practice or discretion and that we are not expressing any opinion as to any question argued in these briefs. Therefore, the appeal…