Dougherty v. McMillan

Per Curiam.

The petition does not allege, nor do: the proofs show, that the petitioner had any interest whatever in the premises in suit.

The proceedings were, therefore, properly dismissed by the trial justice (Code of Civ. Pro., § 2235; Potter v. New York Bap. Mission Society, 23 Misc. Rep. 671; Ross v. Same, id. 683), and it follows that the final order appealed from must be affirmed, with costs.

Present: Beekman, P. J., Gildersleeve and Giegerich, JJ..

Order affirmed, with costs.