In re the Appointment of a Committee of Pasternack

Appellate Division of the Supreme Court of New York

In re the Appointment of a Committee of Pasternack

26 A.D.2d 513, 1966 N.Y. App. Div. LEXIS 4048

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

DecidedJune 7, 1966

StatusPublished

This text of 26 A.D.2d 513 (In re the Appointment of a Committee of Pasternack) 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 Appointment of a Committee of Pasternack, 26 A.D.2d 513, 1966 N.Y. App. Div. LEXIS 4048 (N.Y. Ct. App. 1966).

Pincite

Opinion

Motion and cross motion to dismiss appeal is granted, without costs, on the ground that the order appealed from having been obtained without opposition from any interested party, including petitioner-appellant, and having no direction, either to petitioner or the estate for the payment of allowances and disbursements, as required by the statute (CPLR 1204), petitioner neither directly nor as one interested in the decedent’s estate is bound or limited by the order. Hence, petitioner-appellant is not an aggrieved party who may prosecute the appeal. Concur—Breitel, J. P., McNally, Stevens and Eager, JJ.

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Motion and cross motion to dismiss appeal is granted, without costs, on the ground that the order appealed from having been obtained without opposition from any interested party, including petitioner-appellant, and having no direction, either to petitioner or the estate for the payment of allowances and disbursements, as required by the statute (CPLR 1204), petitioner neither directly nor as one interested in the decedent’s estate is bound or limited by the order. Hence, petitioner-appellant is not an aggrieved party who may prosecute the appeal. Concur—Breitel, J. P., McNally, Stevens and Eager, JJ.

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Bluebook (online)

26 A.D.2d 513, 1966 N.Y. App. Div. LEXIS 4048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appointment-of-a-committee-of-pasternack-nyappdiv-1966.