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MATTER OF FISCHER v. BRIANTE

6 A.D.2d 814 (1958)

In the Matter of John C. Fischer, Respondent, v. George V. Briante, as Building Inspector of The Town of Eastchester, Westchester County, Appellant

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

June 16, 1958

Appeal dismissed, without costs.

The appeal was taken from an intermediate order without obtaining permission of the Special Term as required by section 1304 of the Civil Practice Act. The right to appeal was not conferred by a subsequent order made by the Special Term purporting to grant such permission. The notice of appeal, when served, was a nullity and could not be validated retroactively (Matter of Cohen v. Cocoline...

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