
    H. E. Benjamin Co., Inc., Respondent, v. Edwin Nottingham, President of the Vocational High School Commission, et al., Appellants.
    
      Appeal — order appointing referee ■— appeal without permission to Court of Appeals dismissed.
    
    
      Benjamin Co., Inc., v. Nottingham, 214 App. Div. 760, appeal dismissed.
    (Submitted December 8, 1925;
    decided December 15, 1925.)
    Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 20, 1925, which affirmed an order of Special Term appointing a referee to hear and determine the issues in the above-entitled action.
    The motion was made on the grounds that no appeal lay as of right to the Court of Appeals and that permission to appeal had not been obtained.
    
      William Rubin for motion.
    
      Frank J. Cregg, Corporation Counsel {Frank W. Baker of counsel), opposed.
   Motion granted and appeal dismissed, with costs and ten dollars costs of motion.  