In re the Accounting of Sperry

Appellate Division of the Supreme Court of New York

In re the Accounting of Sperry

7 A.D.2d 743, 181 N.Y.S.2d 42, 1958 N.Y. App. Div. LEXIS 3863

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

DecidedDecember 15, 1958

StatusPublished

This text of 7 A.D.2d 743 (In re the Accounting of Sperry) 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 the Accounting of Sperry, 7 A.D.2d 743, 181 N.Y.S.2d 42, 1958 N.Y. App. Div. LEXIS 3863 (N.Y. Ct. App. 1958).

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Opinion

Appeal, as limited by appellant’s brief, from so much of an order settling the final account of the committee of an incompetent as granted him an additional allowance over and above the statutory commissions payable [744]*744for his services. Appeal dismissed, without costs. It is evident on the face of the order that it was made on appellant’s default. An appeal does hot lie from an order entered on default (Civ. Prac. Act, § 557, subd. 1; Burn v. Coyle, 258 App. Div. 618; affd. 284 N. Y. 789). Appellant may move, if so advised, to open her default pursuant to section 108 of the Civil Practice Act. A prior motion to dismiss this appeal on this same ground was denied because of fatal defects in the motion papers. Nolan, P. J., Wenzel,' Murphy, Ughetta and Hallinan, JJ., concur.

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Appeal, as limited by appellant’s brief, from so much of an order settling the final account of the committee of an incompetent as granted him an additional allowance over and above the statutory commissions payable [744]*744for his services. Appeal dismissed, without costs. It is evident on the face of the order that it was made on appellant’s default. An appeal does hot lie from an order entered on default (Civ. Prac. Act, § 557, subd. 1; Burn v. Coyle, 258 App. Div. 618; affd. 284 N. Y. 789). Appellant may move, if so advised, to open her default pursuant to section 108 of the Civil Practice Act. A prior motion to dismiss this appeal on this same ground was denied because of fatal defects in the motion papers. Nolan, P. J., Wenzel,' Murphy, Ughetta and Hallinan, JJ., concur.

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7 A.D.2d 743, 181 N.Y.S.2d 42, 1958 N.Y. App. Div. LEXIS 3863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-sperry-nyappdiv-1958.

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