The following excerpt is from People v. McCarthy, 165 N.E. 810, 250 N.Y. 358 (N.Y. 1929):
[250 N.Y. 368]It is said that the decision of this court in Carlisle v. Barnes, supra, is authority for the rule it is now announcing. There the court was called upon the construe section 191 of the Code of Civil Procedure. It was held that, by analogy to section 776 of the Code of Civil Procedure and section 529 of the Code of Criminal Procedure, application for leave to appeal might not be renewed before the judges of this court in succession after denial by one judge.
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