Carroll v. Hayes

Appellate Division of the Supreme Court of New York

Carroll v. Hayes

4 A.D.2d 683, 164 N.Y.S.2d 1014, 1957 N.Y. App. Div. LEXIS 5210

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

DecidedJune 10, 1957

StatusPublished

This text of 4 A.D.2d 683 (Carroll v. Hayes) 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

Carroll v. Hayes, 4 A.D.2d 683, 164 N.Y.S.2d 1014, 1957 N.Y. App. Div. LEXIS 5210 (N.Y. Ct. App. 1957).

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Opinion

In a proceeding to compel the reinstatement of appellant to the position of police officer and for other relief, the appeal is from (1) an order dated July 19, 1956 dismissing the proceeding, and (2) from an order dated November 16, 1956 which on reargument adhered to the original disposition. Order dated November 16, 1956 modified by striking from the last ordering paragraph everything following the words “rehearing” and by substituting therefor the words “the issues be and the same hereby are set down for hearing.” As so modified, order unanimously affirmed, with $10 costs and disbursements to appellant. So far as appears from the papers on appeal, questions of fact were presented. The matter should not have been determined without a trial. Appeal from order dated July 19, 1956 dismissed, without costs. Present—-Nolan, P. J., Wenzel, Beldoek, Murphy and Hallinan, JJ.

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In a proceeding to compel the reinstatement of appellant to the position of police officer and for other relief, the appeal is from (1) an order dated July 19, 1956 dismissing the proceeding, and (2) from an order dated November 16, 1956 which on reargument adhered to the original disposition. Order dated November 16, 1956 modified by striking from the last ordering paragraph everything following the words “rehearing” and by substituting therefor the words “the issues be and the same hereby are set down for hearing.” As so modified, order unanimously affirmed, with $10 costs and disbursements to appellant. So far as appears from the papers on appeal, questions of fact were presented. The matter should not have been determined without a trial. Appeal from order dated July 19, 1956 dismissed, without costs. Present—-Nolan, P. J., Wenzel, Beldoek, Murphy and Hallinan, JJ.

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Bluebook (online)

4 A.D.2d 683, 164 N.Y.S.2d 1014, 1957 N.Y. App. Div. LEXIS 5210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carroll-v-hayes-nyappdiv-1957.