
    Benjamin Horwitz, Respondent, v. Joseph L. Kirkwood, Appellant.
    Supreme Court, Appellate Term, First Department,
    June 26, 1944.
    
      Julius L. Goldstein for appellant.
    
      James O. Berlinger and Benjamin Horwitz for respondent.
   Memobandum Per Curiam.

The'order appealed from is not appealable as of course, and it does not appear that permission to appeal was given (N. Y. City Mun. Ct. Code, § 154; L. 1915, eh. 279).

The appeal should be dismissed, with ten dollars costs.

Hammer, Shientag and Eder, JJ., concur.

Appeal dismissed.  