In re Fanning

Appellate Division of the Supreme Court of New York

In re Fanning

50 N.Y.S. 1126

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

DecidedMarch 15, 1898

StatusPublished

This text of 50 N.Y.S. 1126 (In re Fanning) 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 Fanning, 50 N.Y.S. 1126 (N.Y. Ct. App. 1898).

Pincite

Opinion

PER CURIAM.

The undertaking does not bear the approval of the county judge, as required by section 83 of the highway law. There is no proof among the papers of the posting of the notice specifying the time and place of meeting of the commissioners, and the other matters, as prescribed by section 85 of the same statute. The papers upon which the order of the county court was granted have not been certified by such court to the appellate division, as directed by section 90 of the highway law. If these several omissions are supplied, the application may be renewed. The approval of the undertaking can be obtained nunc pro tunc. If the notices under section 85 were actually posted, proof of that fact, if filed now, will be sufficient.

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PER CURIAM.

The undertaking does not bear the approval of the county judge, as required by section 83 of the highway law. There is no proof among the papers of the posting of the notice specifying the time and place of meeting of the commissioners, and the other matters, as prescribed by section 85 of the same statute. The papers upon which the order of the county court was granted have not been certified by such court to the appellate division, as directed by section 90 of the highway law. If these several omissions are supplied, the application may be renewed. The approval of the undertaking can be obtained nunc pro tunc. If the notices under section 85 were actually posted, proof of that fact, if filed now, will be sufficient.

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Bluebook (online)

50 N.Y.S. 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-fanning-nyappdiv-1898.