
    Joseph Hirschfield, Appellant, v. Annie Hassett et al, Respondents.
    (Supreme Court, Appellate Term,
    May, 1908.)
    Municipal Courts — Review — Judgments and orders «viewable — Order staying second action till costs of former paid.
    Costs — Payment and enforcement thereof — Staying further proceedings or actions till costs paid — Mot allowed in Municipal Court of the city of Mew York.
    Mandamus — Mandamus against judicial officers — Requiring inferior court to proceed.
    An order of the Municipal Court of the city of Mew York staying the plaintiff from proceeding with an action therein until the costs of a former action between the same parties are paid is unauthorized, but not appealable; but, if the trial court persists in refusing to permit the case to proceed to trial, the remedy of the plaintiff is by writ of mandamus.
    Appeal by the plaintiff from an order of the Municipal Court of the city of New York, seventh district, borough of Manhattan.
    
      Abraham S. Goldman, for appellant.
    Mandelbaum Brothers, for respondents.
   'Per Curiam.

This is an appeal from an order staying the plaintiff from proceeding with this action until the costs of a former action between the same parties are paid.

There is no authority for the granting of such an order. Section 779 of the Code of Civil Procedure has no application to the Municipal Court, being expressly limited to courts of record by subdivision 6 of section 3347.

The order made herein is not an appealable order, however. Bevins & Rogers App. Term Pr. 61, and cases cited. The remedy of the appellant, if the lower court persists in re: fusing to permit the trial of the case to proceed, is by writ of mandamus.

Present: Gildersleeve, Giegerich and Greenbaum, JJ.

Appeal dismissed, without costs.  