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JAMES v. POWELL

30 A.D.2d 340 (1968)

Esther James, Respondent, v. Adam C. Powell, Jr., Appellant

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

July 11, 1968.

Attorney(s) appearing for the Case

Henry R. Williams, Lawrence R. Bailey, Thomas V. Sinclair, Jr., William C. Chance, Jr., Lucille Chance and Albert Aspinal for appellant.

Raymond Rubin for respondent.

BOTEIN, P. J., STEUER, TILZER, RABIN and McNALLY, JJ., concur in affirmance of the order entered November 30, 1966.

Per Curiam.

Two appeals are before the court. The first is from an ex parte order dated November 28, 1966. Such orders are not appealable (CPLR 5701, subd. [a], par. 2; Haner v. Van Buren, 240 App. Div. 800). The notice of appeal states that the ex parte order was issued pursuant to a prior order dated November 17, 1966. However, the notice nowhere states that the latter order is being appealed from. The notice...

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