City of New York v. Branellec

New York Court of Special Session

City of New York v. Branellec

141 Misc. 580, 253 N.Y.S. 267, 1931 N.Y. Misc. LEXIS 1490

DecidedOctober 13, 1931

StatusPublished

This text of 141 Misc. 580 (City of New York v. Branellec) is published on Counsel Stack Legal Research, covering New York Court of Special Session primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of New York v. Branellec, 141 Misc. 580, 253 N.Y.S. 267, 1931 N.Y. Misc. LEXIS 1490 (N.Y. Super. Ct. 1931).

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Opinion

Per Curiam.

The appellant by notice of appeal duly served and filed herein appeals to this court from the decision of a city magistrate rendered on the 16th day of September, 1931, granting the appellant’s motion to vacate an order made herein in the event of the cqmplainant’s failing to return to the jurisdiction within sixty days thereafter.

An order made pursuant to section 74 of the Inferior Criminal Courts Act (Laws of 1910, chap. 659, as amd. by Laws of 1919, chap. 339) is appealable to the Court of Special Sessions under subdivision d of said section (as amd. by Laws of 1922, chap. 595).

[581]*581The determination by the magistrate to grant the motion made herein, in the event of the complainant’s failing to return to the jurisdiction within sixty days thereafter, was a proper exercise of discretion and such determination is hereby affirmed.

All concur; present, Kernochan, P. J., Fetherston and Salomon, JJ.

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Per Curiam.

The appellant by notice of appeal duly served and filed herein appeals to this court from the decision of a city magistrate rendered on the 16th day of September, 1931, granting the appellant’s motion to vacate an order made herein in the event of the cqmplainant’s failing to return to the jurisdiction within sixty days thereafter.

An order made pursuant to section 74 of the Inferior Criminal Courts Act (Laws of 1910, chap. 659, as amd. by Laws of 1919, chap. 339) is appealable to the Court of Special Sessions under subdivision d of said section (as amd. by Laws of 1922, chap. 595).

[581]*581The determination by the magistrate to grant the motion made herein, in the event of the complainant’s failing to return to the jurisdiction within sixty days thereafter, was a proper exercise of discretion and such determination is hereby affirmed.

All concur; present, Kernochan, P. J., Fetherston and Salomon, JJ.

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Bluebook (online)

141 Misc. 580, 253 N.Y.S. 267, 1931 N.Y. Misc. LEXIS 1490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-york-v-branellec-nyspecsessct-1931.