Klink v. Szalkowski ( 1939 )

Motion for leave to appeal as a poor person denied, with leave to renew. Memorandum: The papers before us faü to show merits inasmuch as the motion, on which the order appealed from was granted, was to vacate an order of dismissal and to restore the case to the calendar thus being substantiaEy a motion for a rehearing from which an independent appeal does not He. Present — Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.