New York Court of Appeals July 11, 1933 (Matter of Wittner v. Harnett)

Order denying the order of mandamus affirmed without examining other questions, on the ground that the relators *Page 604 mistakenly brought the original proceeding in the Appellate Division, which was without jurisdiction to grant such an order. (Civ. Prac. Act, §§ 1317, 1318; Laws of 1880, ch. 178.) No opinion. Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN and CROUCH, JJ.