Summary
dismissing leave to appeal order denying reargument motion as well as leave to appeal order of Appellate Division affirming decision of lower court on the ground that "application was not made within the time specified" by statute
Summary of this case from Perich v. MazzucaOpinion
Submitted October 5, 1959
Decided October 8, 1959
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN S. CONABLE, J.
Norbert Paul Eastman, in person, for motion.
Louis J. Lefkowitz, Attorney-General ( Joseph J. Rose of counsel), opposed.
Motion, insofar as it seeks leave to appeal from the order of the Appellate Division denying reargument, dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution; motion, insofar as it seeks leave to appeal from the order of the Appellate Division affirming the order of the Wyoming County Court, dismissed upon the ground that the application was not made within the time specified in subdivision 3 of section 592 of the Civil Practice Act.