Legal Opinion

Clark v. Burke

Appellate Division of the Supreme Court of the State of New York

Decided October 9, 1944PublishedCited by 2 opinions

1Opinion of the Court

Motion for leave to appeal from an intermediate order made pursuant to article 78 of the Civil Practice Act denied, without costs. Section 1304 of the Civil Practice Act requires that leave to appeal from such an order be obtained from the court which made the intermediate order and not from the Appellate Division. Motions to dismiss appeal granted, without costs, and appeal dismissed, without costs. Present — Close, P. J., Carswell, Johnston, Lewis and Aldrich, JJ.

2Cited by2 opinions

  1. Shulman v. Rex Specialty Bag Corp.Appellate Division of the Supreme Court of the State of New York · 1957
  2. Sunland Beverage Corp. v. RohanAppellate Division of the Supreme Court of the State of New York · 1958