Criminal Law · MBE-tested
Martin Powell, Appellant, v. Everett Harrison et al., Respondents
178 N.Y. 567·New York Court of Appeals·1904·NY
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Opinion
Martin Powell, Appellant, v. Everett Harrison et al., Respondents.
Powell v. Harrison, 88 App. Div. 338, appeal dismissed.
(Argued March 14, 1904;
decided March 22, 1904,)
Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 27,1903, which affirmed an order of Special Term vacating an order of reference and an order of distribution in surplus money proceedings.
The motion was made upon the ground that the order attempted to he appealed from is not appealable to the Court of Appeals.
Alexander D. Falek for motion.
J. John Hassett opposed.
[MAJORITY]
Motion granted and appeal dismissed,-with costs, and ten dollars costs of motion, on the ground that while the proceeding is a special one the order is not a final order.