Emigrant Industrial Savings Bank v. Board of Standards & Appeals

Appellate Division of the Supreme Court of New York

Emigrant Industrial Savings Bank v. Board of Standards & Appeals

248 A.D. 155, 288 N.Y.S. 214, 1936 N.Y. App. Div. LEXIS 6096

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

DecidedMay 29, 1936

StatusPublished

This text of 248 A.D. 155 (Emigrant Industrial Savings Bank v. Board of Standards & Appeals) 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

Emigrant Industrial Savings Bank v. Board of Standards & Appeals, 248 A.D. 155, 288 N.Y.S. 214, 1936 N.Y. App. Div. LEXIS 6096 (N.Y. Ct. App. 1936).

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Opinion

Per Curiam.

The power to appoint a referee given by the provisions of section 719-a, subdivision 4, of the Greater New York Charter, should be sparingly exercised and only in extraordinary cases where special circumstances' are shown and the amount of testimony which the court deems necessary for the proper disposition of the matter will require protracted hearings. In the circumstances here disclosed, we are of opinion that the appointment of a referee was unnecessary and that the court itself should have taken proof.

It follows, therefore, that the orders should be reversed, with twenty dollars costs and disbursements, and the matter remitted to the Special Term with directions to proceed in accordance herewith.

Present — Martin, P. J., McAvoy, O’Malley and Dore, JJ.

Orders unanimously reversed, with twenty dollars costs and disbursements, and the matter remitted to Special Term for further action in accordance with opinion.

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Per Curiam.

The power to appoint a referee given by the provisions of section 719-a, subdivision 4, of the Greater New York Charter, should be sparingly exercised and only in extraordinary cases where special circumstances' are shown and the amount of testimony which the court deems necessary for the proper disposition of the matter will require protracted hearings. In the circumstances here disclosed, we are of opinion that the appointment of a referee was unnecessary and that the court itself should have taken proof.

It follows, therefore, that the orders should be reversed, with twenty dollars costs and disbursements, and the matter remitted to the Special Term with directions to proceed in accordance herewith.

Present — Martin, P. J., McAvoy, O’Malley and Dore, JJ.

Orders unanimously reversed, with twenty dollars costs and disbursements, and the matter remitted to Special Term for further action in accordance with opinion.

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Bluebook (online)

248 A.D. 155, 288 N.Y.S. 214, 1936 N.Y. App. Div. LEXIS 6096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emigrant-industrial-savings-bank-v-board-of-standards-appeals-nyappdiv-1936.