In re Brenner

Appellate Division of the Supreme Court of New York

In re Brenner

4 A.D.2d 749, 165 N.Y.S.2d 143, 1957 N.Y. App. Div. LEXIS 4860

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

DecidedJuly 1, 1957

StatusPublished

Cited by1 cases

This text of 4 A.D.2d 749 (In re Brenner) 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

In re Brenner, 4 A.D.2d 749, 165 N.Y.S.2d 143, 1957 N.Y. App. Div. LEXIS 4860 (N.Y. Ct. App. 1957).

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Opinion

In a proceeding pursuant to section 8 of the Indian Law, Great Cove Realty Co., Inc., and Devonshire Construction Corp. appeal from so much of an order of the County Court, Suffolk County, as adjudges that appellants are intruders upon a certain portion of reservation lands of the Shinnecock Tribe of Indians and directing that a warrant issue to the sheriff commanding him to remove said intruders from said lands. The order does not determine right or title in the land. It leaves the parties who are removed from the land in question to the usual remedies to assert and establish any title to the land which they deem themselves to possess (see People v. Dibble, 16 N. Y. 203, affd. sub nom. State of New York v. Dibble, 21 How. [62 U. S.] 366). Order, insofar as appealed from, unanimously affirmed, without costs. No opinion. Present — Wenzel, Acting P. J., Beldock, Ughetta, Hallinan and Kleinfeld, JJ. [207 Misc. 114.] [See post, p, 835.]

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In a proceeding pursuant to section 8 of the Indian Law, Great Cove Realty Co., Inc., and Devonshire Construction Corp. appeal from so much of an order of the County Court, Suffolk County, as adjudges that appellants are intruders upon a certain portion of reservation lands of the Shinnecock Tribe of Indians and directing that a warrant issue to the sheriff commanding him to remove said intruders from said lands. The order does not determine right or title in the land. It leaves the parties who are removed from the land in question to the usual remedies to assert and establish any title to the land which they deem themselves to possess (see People v. Dibble, 16 N. Y. 203, affd. sub nom. State of New York v. Dibble, 21 How. [62 U. S.] 366). Order, insofar as appealed from, unanimously affirmed, without costs. No opinion. Present — Wenzel, Acting P. J., Beldock, Ughetta, Hallinan and Kleinfeld, JJ. [207 Misc. 114.] [See post, p, 835.]

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Bluebook (online)

4 A.D.2d 749, 165 N.Y.S.2d 143, 1957 N.Y. App. Div. LEXIS 4860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brenner-nyappdiv-1957.

Opinion

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