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

Appellate Division of the Supreme Court of the State of New York·Decided May 29, 1936·Published

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.

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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248 A.D. 155 (Emigrant Industrial Savings Bank v. Board of Standards & Appeals) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.