DeGennaro v. Capelli

Appellate Division of the Supreme Court of New York

DeGennaro v. Capelli

150 A.D.2d 443, 540 N.Y.S.2d 740, 1989 N.Y. App. Div. LEXIS 6523

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

DecidedMay 8, 1989

StatusPublished

This text of 150 A.D.2d 443 (DeGennaro v. Capelli) 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

DeGennaro v. Capelli, 150 A.D.2d 443, 540 N.Y.S.2d 740, 1989 N.Y. App. Div. LEXIS 6523 (N.Y. Ct. App. 1989).

Pincite

Opinion

In a proceeding pursuant to CPLR 1211 for permission to withdraw a portion of certain moneys deposited on behalf of the infant Paul Anthony DeGennaro pursuant to an order of the Supreme Court, Nassau County, the petitioner Augustine DeGennaro, the father and natural guardian of the infant, appeals from an order of the same court (Burke, J.), dated March 10, 1989, which denied his application.

Ordered that the order is reversed, as a matter of discretion in the interest of justice, without costs or disbursements, and the application is granted to the extent that the Williams-[444]*444burgh Savings Bank, upon service of a certified copy of this order, with notice of entry, and presentation of the passbook and a properly executed withdrawal slip, is hereby directed to issue a check in the sum of $13,729, payable to The Knox School, Saint James, New York, 11780.

The petitioner Augustine DeGennaro, the father and natural guardian of Paul Anthony DeGennaro, an infant, sought to withdraw from an account at the Williamsburgh Savings Bank, a portion of the infant’s funds to be applied to tuition and other school expenses for the 1988/1989 school year at The Knox School.

Contrary to the Supreme Court’s determination, we find that based upon the affidavits and other documents submitted by the petitioner, withdrawal of $13,729 from the infant’s funds to be applied toward tuition and school expenses at The Knox School is warranted. Brown, J. P., Lawrence, Kunzeman and Kooper, JJ., concur.

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In a proceeding pursuant to CPLR 1211 for permission to withdraw a portion of certain moneys deposited on behalf of the infant Paul Anthony DeGennaro pursuant to an order of the Supreme Court, Nassau County, the petitioner Augustine DeGennaro, the father and natural guardian of the infant, appeals from an order of the same court (Burke, J.), dated March 10, 1989, which denied his application.

Ordered that the order is reversed, as a matter of discretion in the interest of justice, without costs or disbursements, and the application is granted to the extent that the Williams-[444]*444burgh Savings Bank, upon service of a certified copy of this order, with notice of entry, and presentation of the passbook and a properly executed withdrawal slip, is hereby directed to issue a check in the sum of $13,729, payable to The Knox School, Saint James, New York, 11780.

The petitioner Augustine DeGennaro, the father and natural guardian of Paul Anthony DeGennaro, an infant, sought to withdraw from an account at the Williamsburgh Savings Bank, a portion of the infant’s funds to be applied to tuition and other school expenses for the 1988/1989 school year at The Knox School.

Contrary to the Supreme Court’s determination, we find that based upon the affidavits and other documents submitted by the petitioner, withdrawal of $13,729 from the infant’s funds to be applied toward tuition and school expenses at The Knox School is warranted. Brown, J. P., Lawrence, Kunzeman and Kooper, JJ., concur.

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Bluebook (online)

150 A.D.2d 443, 540 N.Y.S.2d 740, 1989 N.Y. App. Div. LEXIS 6523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/degennaro-v-capelli-nyappdiv-1989.