In the absence of permission by the Appellate Division to appeal upon one or more certified questions, this appeal must be dismissed, since the order appealed from is not one for a new hearing in place of an old hearing, but directs a hearing to be had for the first time (Civ. Prac. Act, § 588, subd. 3; Cohen and Karger, Powers of the New York Court of Appeals, pp. 283-284).
The appeal should...
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