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In the Matter of FRANK CLARK, Petitioner, against JAMES A. BURKE, as President of the Borough of Queens, et al., Respondents.

Motion for leave to appeal from an intermediate order made pursuant to article 78 of the Civil Practice Act denied, without costs. Section 1304 of the Civil Practice Act requires that leave to appeal from such an order be obtained from the court which made the intermediate order and not from the Appellate Division. Motions to dismiss appeal granted, without costs, and appeal dismissed, without costs.

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MATTER OF CLARK v. BURKE
(Oct 9, 1944)