Benoit v. Weaver

Appellate Division of the Supreme Court of New York

Benoit v. Weaver

3 A.D.2d 1008, 165 N.Y.S.2d 443, 1957 N.Y. App. Div. LEXIS 4920

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 25, 1957

StatusPublished

This text of 3 A.D.2d 1008 (Benoit v. Weaver) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benoit v. Weaver, 3 A.D.2d 1008, 165 N.Y.S.2d 443, 1957 N.Y. App. Div. LEXIS 4920 (N.Y. Ct. App. 1957).

Pincite

Opinion

Upon the record we are constrained to dismiss the appeal. The order remitting the proceeding to the State Rent Commission for further consideration is not appealable without the consent of the court making tho order (Civ. Prae. Act, § 1304). In view of the length of time this matter has been pending, the proceedings should be given prompt administrative and judicial action. Appeal unanimously dismissed, with $20 costs and disbursements to the petitioner-respondent. Concur — Peek, P. J., Breitel, Rabin, Valente and Bastow, JJ.

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Upon the record we are constrained to dismiss the appeal. The order remitting the proceeding to the State Rent Commission for further consideration is not appealable without the consent of the court making tho order (Civ. Prae. Act, § 1304). In view of the length of time this matter has been pending, the proceedings should be given prompt administrative and judicial action. Appeal unanimously dismissed, with $20 costs and disbursements to the petitioner-respondent. Concur — Peek, P. J., Breitel, Rabin, Valente and Bastow, JJ.

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Bluebook (online)

3 A.D.2d 1008, 165 N.Y.S.2d 443, 1957 N.Y. App. Div. LEXIS 4920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benoit-v-weaver-nyappdiv-1957.