Gayden v. City of Rochester

Appellate Division of the Supreme Court of New York

Gayden v. City of Rochester

145 A.D.2d 995, 538 N.Y.S.2d 725, 1988 N.Y. App. Div. LEXIS 14226

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

DecidedDecember 23, 1988

StatusPublished

Cited by1 cases

This text of 145 A.D.2d 995 (Gayden v. City of Rochester) 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

Gayden v. City of Rochester, 145 A.D.2d 995, 538 N.Y.S.2d 725, 1988 N.Y. App. Div. LEXIS 14226 (N.Y. Ct. App. 1988).

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Opinion

— Motion for an extension of time and for other relief denied. Memorandum: Respondent may not unilaterally withdraw his stipulation to the record on appeal. The proper practice is to move to vacate the stipulation and settle the record. The motion to stay the argument of the appeal is denied and the case will remain on the calendar for argument on the January Term unless by January 5, 1989 respondent has obtained an order from the trial court vacating the stipulation and settling the record. Present — Callahan, J. P., Denman, Boomer, Balio and Lawton, JJ. (Order entered Dec. 15,1988.)

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— Motion for an extension of time and for other relief denied. Memorandum: Respondent may not unilaterally withdraw his stipulation to the record on appeal. The proper practice is to move to vacate the stipulation and settle the record. The motion to stay the argument of the appeal is denied and the case will remain on the calendar for argument on the January Term unless by January 5, 1989 respondent has obtained an order from the trial court vacating the stipulation and settling the record. Present — Callahan, J. P., Denman, Boomer, Balio and Lawton, JJ. (Order entered Dec. 15,1988.)

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Bluebook (online)

145 A.D.2d 995, 538 N.Y.S.2d 725, 1988 N.Y. App. Div. LEXIS 14226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gayden-v-city-of-rochester-nyappdiv-1988.

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