In re the City of New York to Acquire Certain Real Estate At Mohansic Lake

Appellate Division of the Supreme Court of New York

In re the City of New York to Acquire Certain Real Estate At Mohansic Lake

229 A.D. 722

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

DecidedApril 15, 1930

StatusPublished

This text of 229 A.D. 722 (In re the City of New York to Acquire Certain Real Estate At Mohansic Lake) 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 City of New York to Acquire Certain Real Estate At Mohansic Lake, 229 A.D. 722 (N.Y. Ct. App. 1930).

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Opinion

The decision of this court handed down on March 28,1930, is hereby amended to read as follows: Order amending order, in so far as appealed from, modified by striking out the words “ the date of entry of this order ” and inserting in place thereof the words “ December 11th, 1929,” and as so modified affirmed, without costs. The county clerk exceeded his authority in docketing the order of December 11, 1929, as a judgment. His signature thereon did not change the character of the document. It was always an order; never a judgment. Claimants could not have been misled by the addition of the clerk’s signature, which did not remove the proceeding from the effect of the Greater New York Charter, under which the limitation upon appeals is twenty days, Lazansky, P. J., Rich, Kapper, Hagarty and Scudder, JJ., concur.

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The decision of this court handed down on March 28,1930, is hereby amended to read as follows: Order amending order, in so far as appealed from, modified by striking out the words “ the date of entry of this order ” and inserting in place thereof the words “ December 11th, 1929,” and as so modified affirmed, without costs. The county clerk exceeded his authority in docketing the order of December 11, 1929, as a judgment. His signature thereon did not change the character of the document. It was always an order; never a judgment. Claimants could not have been misled by the addition of the clerk’s signature, which did not remove the proceeding from the effect of the Greater New York Charter, under which the limitation upon appeals is twenty days, Lazansky, P. J., Rich, Kapper, Hagarty and Scudder, JJ., concur.

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Bluebook (online)

229 A.D. 722, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-city-of-new-york-to-acquire-certain-real-estate-at-mohansic-lake-nyappdiv-1930.