In re Rathgeber

Appellate Division of the Supreme Court of New York

In re Rathgeber

23 A.D.2d 577, 256 N.Y.S.2d 366, 1965 N.Y. App. Div. LEXIS 4889

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

DecidedFebruary 15, 1965

StatusPublished

Cited by1 cases

This text of 23 A.D.2d 577 (In re Rathgeber) 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 Rathgeber, 23 A.D.2d 577, 256 N.Y.S.2d 366, 1965 N.Y. App. Div. LEXIS 4889 (N.Y. Ct. App. 1965).

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Opinion

In a special proceeding instituted by Emile E. Rathgeber, an attorney, pursuant to statute (Abandoned Property Law, § 1310), to declare to be abandoned property and for leave to pay over to the State Comptroller the sum of $1,421.25 in his possession for six years and unclaimed by the Public Operating Corporation, "the person appearing to be entitled to receive such property ”, in which proceeding the said corporation thereafter intervened and asserted its title and its right to possession of the money, the corporation appeals from two orders of the Supreme Court, Queens County: (1) an order entered January 3, 1964, which granted the petitioner’s application, declared the money to be abandoned, directed petitioner to transfer it to the State Comptroller, and declared that upon such transfer petitioner shall be relieved of all liability in connection therewith; and (2) an order, made March 3, 1964 on reargument, which adhered to the original decision and which made the same disposition. Appeal from original order of January 3, 1964 dismissed as academic, without costs; such order was superseded by the later order granting reargument. Order of March 3, 1964 made on reargument, insofar as it grants the petitioner’s application, reversed on the law and the facts, without costs, and petitioner’s application denied. Findings of fact implicit in the decision of the Special Term which may be inconsistent herewith are reversed, and new findings are made as indicated herein. In our opinion, there was a definite showing of a present claim of title and right to possession by the original owner of the money, Public Operating Corporation. Hence, the money may not be deemed to constitute abandoned property under the statute (Abandoned Property Law, § 1310) and should not be turned over to the State Comptroller. Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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In a special proceeding instituted by Emile E. Rathgeber, an attorney, pursuant to statute (Abandoned Property Law, § 1310), to declare to be abandoned property and for leave to pay over to the State Comptroller the sum of $1,421.25 in his possession for six years and unclaimed by the Public Operating Corporation, "the person appearing to be entitled to receive such property ”, in which proceeding the said corporation thereafter intervened and asserted its title and its right to possession of the money, the corporation appeals from two orders of the Supreme Court, Queens County: (1) an order entered January 3, 1964, which granted the petitioner’s application, declared the money to be abandoned, directed petitioner to transfer it to the State Comptroller, and declared that upon such transfer petitioner shall be relieved of all liability in connection therewith; and (2) an order, made March 3, 1964 on reargument, which adhered to the original decision and which made the same disposition. Appeal from original order of January 3, 1964 dismissed as academic, without costs; such order was superseded by the later order granting reargument. Order of March 3, 1964 made on reargument, insofar as it grants the petitioner’s application, reversed on the law and the facts, without costs, and petitioner’s application denied. Findings of fact implicit in the decision of the Special Term which may be inconsistent herewith are reversed, and new findings are made as indicated herein. In our opinion, there was a definite showing of a present claim of title and right to possession by the original owner of the money, Public Operating Corporation. Hence, the money may not be deemed to constitute abandoned property under the statute (Abandoned Property Law, § 1310) and should not be turned over to the State Comptroller. Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

23 A.D.2d 577, 256 N.Y.S.2d 366, 1965 N.Y. App. Div. LEXIS 4889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rathgeber-nyappdiv-1965.

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