In re the Appointment of a Committee of the Person & Property of Bresky

Appellate Division of the Supreme Court of New York

In re the Appointment of a Committee of the Person & Property of Bresky

281 A.D. 1064, 122 N.Y.S.2d 125, 1953 N.Y. App. Div. LEXIS 4327

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

DecidedMay 21, 1953

StatusPublished

This text of 281 A.D. 1064 (In re the Appointment of a Committee of the Person & Property of Bresky) 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 the Person & Property of Bresky, 281 A.D. 1064, 122 N.Y.S.2d 125, 1953 N.Y. App. Div. LEXIS 4327 (N.Y. Ct. App. 1953).

Pincite

Opinion

The appeal from the order of the Columbia County Court directing an inquiry into the competency of Rose Bresky has been pending since March 25th. We do not think that a stay of the now imminent trial of the issue of her competency should be granted at this time; and the papers presented on both sides of the question indicate that a justiciable issue has been presented and that the decision of the. Judge to direct the inquiry was well within the frame of judicial, discretion. . y7,e pass on no question involving criticism of any of the parties on either side; our determination is limited to a refusal at this stage of the appeal to interfere with the order directing a trial. Motion for a stay denied, without;costs., -Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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The appeal from the order of the Columbia County Court directing an inquiry into the competency of Rose Bresky has been pending since March 25th. We do not think that a stay of the now imminent trial of the issue of her competency should be granted at this time; and the papers presented on both sides of the question indicate that a justiciable issue has been presented and that the decision of the. Judge to direct the inquiry was well within the frame of judicial, discretion. . y7,e pass on no question involving criticism of any of the parties on either side; our determination is limited to a refusal at this stage of the appeal to interfere with the order directing a trial. Motion for a stay denied, without;costs., -Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.

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Bluebook (online)

281 A.D. 1064, 122 N.Y.S.2d 125, 1953 N.Y. App. Div. LEXIS 4327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appointment-of-a-committee-of-the-person-property-of-bresky-nyappdiv-1953.