MATTER OF BENOIT v. WEAVER


3 A.D.2d 1008 (1957)

In the Matter of Edouard Benoit, Respondent, v. Robert C. Weaver, as State Rent Administrator, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 25, 1957


Upon the record we are constrained to dismiss the appeal. The order remitting the proceeding to the State Rent Commission for further consideration is not appealable without the consent of the court making the order (Civ. Prac. Act, § 1304). In view of the length of time this matter has been pending, the proceedings should be given prompt administrative and judicial action.

Appeal unanimously dismissed, with $20 costs and disbursements to the petitioner...

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