Opinion
Argued February 24, 1942
Decided April 16, 1942
Appeal from the Supreme Court of New York County, COLLINS, J.
Milton N. Mound and Herbert S. Holiner for appellant.
Monroe I. Katcher, II, and Francis V. McHugh for respondents.
No question of the validity of section 113 of the Alcoholic Beverage Control Law (Cons. Laws, ch. 3-B) is before us, since the petitioner-appellant has not given notice of its intention to review the intermediate order of the Appellate Division upholding the provisions of that section. (Civ. Prac. Act, § 580; Cohen, Powers of the Court of Appeals, § 70.)
The appeal should be dismissed, with costs.
LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.
Appeal dismissed.