Aiello v. Power

4 A.D.2d 833 | N.Y. App. Div. | 1957

Order affirmed, without costs. No opinion. Appeal from decision dismissed, without costs. No appeal lies from a decision. Wenzel, Murphy, Ughetta and Hallinan, JJ., concur; Nolan, P. J., concurs in the dismissal of the appeal from the decision but dissents from the affirmance of the order and votes to reverse the order and to deny the application, being of opinion that the evidence is insufficient as a matter of law to sustain the determination made at Special Term.