Claim of Parker v. Charles E. Sell, Inc.

Appellate Division of the Supreme Court of New York

Claim of Parker v. Charles E. Sell, Inc.

17 A.D.2d 679, 1962 N.Y. App. Div. LEXIS 8500

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

DecidedJuly 13, 1962

StatusPublished

This text of 17 A.D.2d 679 (Claim of Parker v. Charles E. Sell, Inc.) 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.

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Claim of Parker v. Charles E. Sell, Inc., 17 A.D.2d 679, 1962 N.Y. App. Div. LEXIS 8500 (N.Y. Ct. App. 1962).

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Opinion

Upon the court’s own motion, the decision of June 27,1962 (16 A D 2d 1018) is vacated, and respondent board’s motion to dismiss appeal denied, without costs, and without prejudice to its renewal upon the argument of the appeal. Appellants’ application of June 30, 1961 was not, as movant’s affidavit indicates, for “ a reconsideration and reargument” merely, but for “review, reconsideration and reargument ”; and was not, as such affidavit alleges, directed “ to the prior, unappealed, Board decision ” but to “ the decision and award of the Referee dated June 21, 1961”. (See Matter of Levine v. Rosen, 10 A D 2d 206.) Present — Coon, J. P., Gibson, Herlihy, Reynolds and Taylor, J J.

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Upon the court’s own motion, the decision of June 27,1962 (16 A D 2d 1018) is vacated, and respondent board’s motion to dismiss appeal denied, without costs, and without prejudice to its renewal upon the argument of the appeal. Appellants’ application of June 30, 1961 was not, as movant’s affidavit indicates, for “ a reconsideration and reargument” merely, but for “review, reconsideration and reargument ”; and was not, as such affidavit alleges, directed “ to the prior, unappealed, Board decision ” but to “ the decision and award of the Referee dated June 21, 1961”. (See Matter of Levine v. Rosen, 10 A D 2d 206.) Present — Coon, J. P., Gibson, Herlihy, Reynolds and Taylor, J J.

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17 A.D.2d 679, 1962 N.Y. App. Div. LEXIS 8500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-parker-v-charles-e-sell-inc-nyappdiv-1962.