In re Mullen
263 A.D. 957
N.Y. App. Div.
1942
Check Treatment

Motion to dismiss appeal granted, without costs, and appeal dismissed, without costs. The appellant has mistaken his remedy. Under the facts here present an appeal will not lie from an order dismissing a petition to punish for criminal contempt. The remedy is by certiorari. (Matter of Douglas v. Adel, 269 N. Y. 144; People ex rel. Taylor v. Forbes, 143 id. 219.) Present — Hagarty, Carswell, Johnston, Taylor and Close, JJ.