Forney v. Roth

Appellate Division of the Supreme Court of New York

Forney v. Roth

186 A.D.2d 52

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

DecidedSeptember 17, 1992

StatusPublished

This text of 186 A.D.2d 52 (Forney v. Roth) 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

Forney v. Roth, 186 A.D.2d 52 (N.Y. Ct. App. 1992).

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Opinion

Application seeking a stay of all proceedings in Surrogate’s Court, pending appeal purported to be taken by petitioner from an order of the Supreme Court, New York County (sua sponte converted to a proceeding in the nature of a writ of prohibition), unanimously denied and the proceeding dismissed, without costs, for lack of jurisdiction. (See, CPLR 7804 [b]; 506 [b].) The stay granted by a Justice of this Court on July 29, 1992 is vacated. Concur—Carro, J. P., Rosenberger, Ellerin, Wallach and Asch, JJ.

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Application seeking a stay of all proceedings in Surrogate’s Court, pending appeal purported to be taken by petitioner from an order of the Supreme Court, New York County (sua sponte converted to a proceeding in the nature of a writ of prohibition), unanimously denied and the proceeding dismissed, without costs, for lack of jurisdiction. (See, CPLR 7804 [b]; 506 [b].) The stay granted by a Justice of this Court on July 29, 1992 is vacated. Concur—Carro, J. P., Rosenberger, Ellerin, Wallach and Asch, JJ.

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Bluebook (online)

186 A.D.2d 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forney-v-roth-nyappdiv-1992.