In re Feldman

Appellate Division of the Supreme Court of New York

In re Feldman

252 A.D. 276, 299 N.Y.S. 120, 1937 N.Y. App. Div. LEXIS 5630

Appellate Division of the Supreme Court of the State of New York·Decided October 27, 1937·Published·Cited by 1 cases

Opinion

Per Curiam.

The proof fully establishes that the petition was not filed within the time provided by law. In the absence of an adequate excuse shown for non-compliance, especially in view of the long delay in seeking judicial relief and the serious consequences resulting therefrom, the Special Term should not have exercised its discretion in favor of the petition.

The order should be reversed and the motion denied.

Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.

Order unanimously reversed and the motion denied.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The proof fully establishes that the petition was not filed within the time provided by law. In the absence of an adequate excuse shown for non-compliance, especially in view of the long delay in seeking judicial relief and the serious consequences resulting therefrom, the Special Term should not have exercised its discretion in favor of the petition.

The order should be reversed and the motion denied.

Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.

Order unanimously reversed and the motion denied.

In re Feldman, 252 A.D. 276, 299 N.Y.S. 120, 1937 N.Y. App. Div. LEXIS 5630 (N.Y. Ct. App. 1937).

Pincite

252 A.D. 276 (In re Feldman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related