In the Matter of the Application of Josiah J. White, as Guardian of the Person of Frederic Hall White, an Infant Over the Age of Fourteen Years, Appellant, for the Payment by The Long Island Loan and Trust Company, as Guardian of the Property of Said Infant, Respondent, of the Requisite Funds for the Support and Maintenance of Said Infant, and for Other Purposes

In the Matter of the Application of Josiah J. White, as Guardian of the Person of Frederic Hall White, an Infant Over the Age of Fourteen Years, Appellant, for the Payment by The Long Island Loan and Trust Company, as Guardian of the Property of Said Infant, Respondent, of the Requisite Funds for the Support and Maintenance of Said Infant, and for Other Purposes. Appeal to the Court of Appeals — it does not lie from an order directing payment to the guardian of an infant’s person instead of to the infant himself—a stay pending such an appeal is improper. An order'of the Appellate Division affirming an order directing the guardian of an infant’s property to pay certain allowances to the guardian of the infant’s person, instead of to the infant himself, is not appealable to the Court of Appeals as a matter of right. Consequently, when the Appellate Division has not granted leave to take such an appeal, it is improper for the Special Term to make an order staying proceedings under the order of affirmance pending an appeal therefrom to the Court of Appeals. Appeal by the petitioner, Josiah J. White, as guardian of the person of Frederic Hall White, an infant over the age of fourteen years, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 25th day of March, 1904, staying all proceedings under an order of said court entered in said clerk’s office on the 27th day of January, 1904, and under an order of affirmance thereof entered on the. 18th day of March, 1904, pending an appeal to the Court of Appeals from said order of affirmance. Alfred R. Page, for the appellant. George S. Ingraham, for the respondent. [MAJORITY — Hirschberg, P. J.:] Hirschberg, P. J.: By an order-of the Supreme Court the respondent, the guardian of the infant’s property, had been relieved from the payment of certain monthly allowances to the appellant as guardian of the person and directed to pay them directly to the ward. Subsequently this order was vacated and an order granted directing the resumption of the payments by the respondent to the appellant. An appeal was taken to this court from the latter order, and resulted in an affirmance upon the argument. (Matter of White, 92 App. Div. 614.) The order now appealed from grants the respondent’s motion for a stay of proceedings under the order so affirmed and under the order of affirmance pending an appeal from the latter to the Court of Appeals by the respondent. Ho allowance of such appeal has been granted by this court, and the order is not appealable to the Court of Appeals as matter of light. (Const. art. 6, § 9; Code Civ. Proc. § 190; Van Arsdale v. King, 155 N. Y. 325; New York Security Co. v. Saratoga G. & El. L. Co., 156 id. 645 ; City of Johnstown v. Wade, 157 id. 50 ; Matter of Small, 158 id. 128 ; Guarantee Trust Co. v. P., R. & N. E. R. R. Co., 160 id. 1.) It follows that it was improper to stay proceedings under the order of affirmance, and that the order granting such stay should be reversed. All concurred. Order reversed, with ten dollars costs and disbursements, and motion denied, with costs.