James v. Powell

Two appeals are before the court. The first is from an ex parte order dated November 28, 1966. Such orders are not appealable (CPLR 5701, subd. [a], par. 2; Haner v. Van Buren, 240 App. Div. 800). The notice of appeal states that the ex parte order was issued pursuant to a prior order dated November 17, 1966. However, the notice nowhere states that the latter order is being appealed from. The notice consequently fails to bring that order up for review. There being no appeal-able order before the court, the appeal must be dismissed.

The second appeal is from an order entered November 30, 1966,…