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In Re the Accounting of Duchnowski

293 N.E.2d 824, 31 N.Y.2d 991, 341 N.Y.S.2d 449, 1973 N.Y. LEXIS 1513
CourtNew York Court of Appeals
DecidedFebruary 7, 1973
StatusPublished
Cited by4 cases

This text of 293 N.E.2d 824 (In Re the Accounting of Duchnowski) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Accounting of Duchnowski, 293 N.E.2d 824, 31 N.Y.2d 991, 341 N.Y.S.2d 449, 1973 N.Y. LEXIS 1513 (N.Y. 1973).

Opinion

Motion denied upon the ground that once an appeal lies as of right under subdivision (a) of CPLR 5601, all questions properly raised below may be reviewed on the ensuing appeal. Subdivision (a) of CPLR 5601 concerns the right to appeal and not the *992 scope of review, once an appeal is properly before the court. An appeal, therefore, taken on a dissent in the Appellate Division stating a question of law in appellant’s favor is not limited in scope to the question of law stated (cf. Kaelin v. Warner, 27 N Y 2d 352; Cohen and Karger, Powers of the New York Court of Appeals, pp. 7, 257).

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Bluebook (online)
293 N.E.2d 824, 31 N.Y.2d 991, 341 N.Y.S.2d 449, 1973 N.Y. LEXIS 1513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-duchnowski-ny-1973.