People Ex Rel. Bronx Gas & Electric Co. v. Barker
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 22, 1897, reversing an order quashing a writ of certiorari to review an assessment. The facts, so far as material, are stated in the opinion. The order of the Appellate Division is not appealable. (H. F. Ins. Co. v. Tomlinson, 58 N. Y. 215; Code Civ. Pro. § 190.)
1Opinion of the CourtHaight, J.
The order appealed from not only reversed the order of the Special Term quashing the writ of certiorari, but reinstated the writ and remitted the proceedings to the Special Term for its determination upon the merits. Such determination may be in favor of the appellants.
The order appealed from is not an order finally determining a special proceeding, and, consequently, it is not appealable to this court. (Code C. P. § 190.)
The appeal should be dismissed, with costs.
All concur, except Gray, J., absent.
Appeal dismissed.
2Cited by1 opinion
- Best v. PattenNew York Supreme Court · 1936