Fischer v. Briante

In a proceeding pursuant to article 78 of the Civil Practice Act

for an order directing the building inspector of the Town of Eastchester to issue a building permit, the appeal is from an order denying a motion to dismiss the petition pursuant to the provisions of section 1293 of the Civil Practice Act. Appeal dismissed, without costs. The appeal was taken from an intermediate order without obtaining permission of the Special Term as required by section 1304 of the Civil Practice Act. The right to appeal was *815not conferred by a subsequent order made by the Special Term purporting to grant such…