Annie A. Roberts, as Administratrix, etc., of David H. Roberts, Deceased, Appellant, v. Charlotte Jenkins, Respondent, Impleaded with Another

Annie A. Roberts, as Administratrix, etc., of David H. Roberts, Deceased, Appellant, v. Charlotte Jenkins, Respondent, Impleaded with Another. Preference on the calendavr— the fact that the plaintiff sues as administratrix does not establish the right thereto. The right to a preference upon the calendar cannot be inferred simply from the fact that the title of the action states that the plaintiS is suing as administratrix, where the pleadings are not in the record before the appellate court. Appeal by the plaintiff, Annie A. Roberts, as administratrix, etc., of David H. Roberts, deceased, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 3d day of April, 1900, denying her motion to advance the cause and place the same upon the preferred cause calendar. Michael Schaap, for the appellant. Thomas C. Ennever, for the respondent. [MAJORITY — Per Curiam :] Per Curiam : The order denying a motion for a preference of this cause upon the calendar must be affirmed. The pleadings in the action are not in the record, nor is there anything from which we are able to determine that the plaintiff is entitled to the statutory preference claimed. That right cannot be inferred simply from the title of an action. The order must be affirmed, with ten dollars costs and disbursements. . Present—Van Brunt, P. J., Rumsey, Patterson, Ingraham and McLaughlin, JJ. Order affirmed, with ten dollars costs and disbursements.