Drake v. Horan

Appellate Division of the Supreme Court of New York

Drake v. Horan

259 A.D. 745

Appellate Division of the Supreme Court of the State of New York·Decided March 26, 1940·Published

Opinion

In view of the decision of this court on Motion No. 72 (Commissioner of Public Welfare of City of New York [Kaplan] v. Drake),* made on January 22, 1940, granting the motion of the petitioner herein for leave to appeal as a poor person, he is entitled to perfect and prosecute the appeal without making the statutory deposit of $100. (See Civ. Prae. Act, § 558.) This appeal, therefore, is dismissed, without costs. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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In view of the decision of this court on Motion No. 72 (Commissioner of Public Welfare of City of New York [Kaplan] v. Drake),* made on January 22, 1940, granting the motion of the petitioner herein for leave to appeal as a poor person, he is entitled to perfect and prosecute the appeal without making the statutory deposit of $100. (See Civ. Prae. Act, § 558.) This appeal, therefore, is dismissed, without costs. Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

Drake v. Horan, 259 A.D. 745 (N.Y. Ct. App. 1940).

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