Bernstein v. Nathan

Appellate Division of the Supreme Court of New York

Bernstein v. Nathan

30 A.D.2d 657, 1968 N.Y. App. Div. LEXIS 3703

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

DecidedJune 20, 1968

StatusPublished

This text of 30 A.D.2d 657 (Bernstein v. Nathan) 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

Bernstein v. Nathan, 30 A.D.2d 657, 1968 N.Y. App. Div. LEXIS 3703 (N.Y. Ct. App. 1968).

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Opinion

Motion by petitioner to proceed upon the original record is dismissed without prejudice. Not only was the notice of motion not timely served (CPLR 2214, subd. [b]; 2103, subd. [b], par. 2) but in addition the papers fail to apprise the court of the nature of the appeal and do not contain either a copy of the notice of appeal or, as the case may be, a copy of the order transferring the article 78 proceeding to 'this court. Concur—Steuer, J. P., Capozzoli, Tilzer, Rabin and Macken, JJ.

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Motion by petitioner to proceed upon the original record is dismissed without prejudice. Not only was the notice of motion not timely served (CPLR 2214, subd. [b]; 2103, subd. [b], par. 2) but in addition the papers fail to apprise the court of the nature of the appeal and do not contain either a copy of the notice of appeal or, as the case may be, a copy of the order transferring the article 78 proceeding to 'this court. Concur—Steuer, J. P., Capozzoli, Tilzer, Rabin and Macken, JJ.

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Bluebook (online)

30 A.D.2d 657, 1968 N.Y. App. Div. LEXIS 3703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernstein-v-nathan-nyappdiv-1968.