Dibble v. State

Appellate Division of the Supreme Court of New York

Dibble v. State

73 N.Y.S. 1133

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

DecidedJanuary 14, 1901

StatusPublished

This text of 73 N.Y.S. 1133 (Dibble v. State) 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

Dibble v. State, 73 N.Y.S. 1133 (N.Y. Ct. App. 1901).

Pincite

Opinion

PER CURIAM.

The notice of appeal served herein was in time. The statutes relating to

the board of claims, existing in 1897, provided (Laws 1883, c. 205, § 10, as amended by chapter 4'51, Laws 1896): “The appeal must be taken within thirty days after the service of notice of the final award or order of the board.” It also provided (section 3, as amended by chapter 365, Laws 1888): “Said board shall have authority to establish rules for its government, and the forms and methods of procedure before it.” The rules established by said board provided: “Appeals from the final order or award of the board in any claim must he taken within thirty days after service of such final order or award.” The letters written by the clerk of the board of claims to the attorney for the claimant herein did not amount to a service of the final order or award. Motion denied, with $10 costs.

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PER CURIAM.

The notice of appeal served herein was in time. The statutes relating to

the board of claims, existing in 1897, provided (Laws 1883, c. 205, § 10, as amended by chapter 4'51, Laws 1896): “The appeal must be taken within thirty days after the service of notice of the final award or order of the board.” It also provided (section 3, as amended by chapter 365, Laws 1888): “Said board shall have authority to establish rules for its government, and the forms and methods of procedure before it.” The rules established by said board provided: “Appeals from the final order or award of the board in any claim must he taken within thirty days after service of such final order or award.” The letters written by the clerk of the board of claims to the attorney for the claimant herein did not amount to a service of the final order or award. Motion denied, with $10 costs.

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Bluebook (online)

73 N.Y.S. 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dibble-v-state-nyappdiv-1901.