In re New York World's Fair 1964-1965 Corp.

Appellate Division of the Supreme Court of New York

In re New York World's Fair 1964-1965 Corp.

30 A.D.2d 928, 294 N.Y.S.2d 80, 1968 N.Y. App. Div. LEXIS 3263

Appellate Division of the Supreme Court of the State of New York·Decided September 30, 1968·Published

Opinion

Appeal by petitioners from so much of an order of the Supreme Court, Queens County, dated June 10, 1968, as permitted respondents to file a late notice of claim. Order affirmed insofar as appealed from, with $20 costs and disbursements. In our opinion, the Special Term has inherent power to permit the filing of a claim after the expiration of the time fixed therefor in an order obtained pursuant to section 56 of the Membership Corporations Law (cf. People ex rel. [929]*929Attorney-General v. Security Life Ins. & Annuity Co., 79 N. Y. 267, 272); and we find no abuse of discretion in the exercise of that power here. Beldock, P. J., Christ, Brennan, Benjamin and Martuscello, JJ., concur.

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Appeal by petitioners from so much of an order of the Supreme Court, Queens County, dated June 10, 1968, as permitted respondents to file a late notice of claim. Order affirmed insofar as appealed from, with $20 costs and disbursements. In our opinion, the Special Term has inherent power to permit the filing of a claim after the expiration of the time fixed therefor in an order obtained pursuant to section 56 of the Membership Corporations Law (cf. People ex rel. [929]*929Attorney-General v. Security Life Ins. & Annuity Co., 79 N. Y. 267, 272); and we find no abuse of discretion in the exercise of that power here. Beldock, P. J., Christ, Brennan, Benjamin and Martuscello, JJ., concur.

In re New York World's Fair 1964-1965 Corp., 30 A.D.2d 928, 294 N.Y.S.2d 80, 1968 N.Y. App. Div. LEXIS 3263 (N.Y. Ct. App. 1968).

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30 A.D.2d 928 (In re New York World's Fair 1964-1965 Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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