UNITED STATES SUPREME COURT DECISIONS ON-LINE

This Court granted certiorari to review a judgment of the Appellate Division, Supreme Court of New York, First Judicial Department, which the Court of Appeals of New York held could not be appealed to it as of right because it did not finally determine the action. Section 589 of the New York Civil Practice Act provides, inter alia, that appeals from nonfinal orders can be taken to the Court of Appeals only by leave of the Appellate Division upon certified questions, but petitioner at no time applied to the Appellate Division for such permission.

Held: The judgment of the Appellate Division is not that of the "highest court of a State in which a decision could be had," within the meaning of 28 U.S. C. § 1257, and the writ of certiorari is dismissed as improvidently granted. Pp. 375 U. S. 79-80.

Writ of certiorari dismissed.