In re the Estate of Meany

Appellate Division of the Supreme Court of New York

In re the Estate of Meany

24 A.D.2d 985, 265 N.Y.S.2d 615, 1965 N.Y. App. Div. LEXIS 2871

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

DecidedDecember 6, 1965

StatusPublished

This text of 24 A.D.2d 985 (In re the Estate of Meany) 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 Estate of Meany, 24 A.D.2d 985, 265 N.Y.S.2d 615, 1965 N.Y. App. Div. LEXIS 2871 (N.Y. Ct. App. 1965).

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Opinion

In a contested probate proceeding, the contestant Lawrence Francis Meany, Jr., appeals (1) from so much of an order of the Surrogate’s Court, Kings County, entered July 8, 1965, as denied his cross motion for leave to take the further oral deposition of two persons as witnesses pursuant to statute (CPLR 3101, subd. [a], par. [4]; 3111); and (2) from an order of said court, entered September 2,1965, upon reargument, which adhered to the original decision. Order entered September 2, 1965, affirmed, with a separate bill of $10 costs and disbursements to the respondent and to the special guardian, each payable out of the estate. Ho opinion. Appeal from order, entered July 8, 1965, dismissed, without costs. The appeal was untimely taken. Appellant admitted receiving notice of entry of said order on July 13, 1965, yet his notice of appeal therefrom is dated September 9, 1965, clearly beyond the statutory time (CPLR 5513, subd. [a]). In any event, said order was superseded by the later order granting reargument. Beldock, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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In a contested probate proceeding, the contestant Lawrence Francis Meany, Jr., appeals (1) from so much of an order of the Surrogate’s Court, Kings County, entered July 8, 1965, as denied his cross motion for leave to take the further oral deposition of two persons as witnesses pursuant to statute (CPLR 3101, subd. [a], par. [4]; 3111); and (2) from an order of said court, entered September 2,1965, upon reargument, which adhered to the original decision. Order entered September 2, 1965, affirmed, with a separate bill of $10 costs and disbursements to the respondent and to the special guardian, each payable out of the estate. Ho opinion. Appeal from order, entered July 8, 1965, dismissed, without costs. The appeal was untimely taken. Appellant admitted receiving notice of entry of said order on July 13, 1965, yet his notice of appeal therefrom is dated September 9, 1965, clearly beyond the statutory time (CPLR 5513, subd. [a]). In any event, said order was superseded by the later order granting reargument. Beldock, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.

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Bluebook (online)

24 A.D.2d 985, 265 N.Y.S.2d 615, 1965 N.Y. App. Div. LEXIS 2871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-meany-nyappdiv-1965.