Meenan v. Meenan

Neither the order appealed from nor the order granting permission to appeal to this court contains any specification by the Appellate Division that its decision was based solely on questions of law and was not also the result of an exercise of discretion. In such circumstances, section 603 of the Civil Practice Act compels us to presume that the contrary is the fact. That being so, it follows that there is no decisive question of law presented for our review and that the appeal must be dismissed. (See Hilton Watch Co. v. Benrus Watch Co., 1 N Y 2d 271, decided herewith; Mencher v. Chesley,…