In re the Estate of Morris

Appellate Division of the Supreme Court of New York

In re the Estate of Morris

38 A.D.2d 764, 1972 N.Y. App. Div. LEXIS 5680

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

DecidedJanuary 3, 1972

StatusPublished

This text of 38 A.D.2d 764 (In re the Estate of Morris) 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 Morris, 38 A.D.2d 764, 1972 N.Y. App. Div. LEXIS 5680 (N.Y. Ct. App. 1972).

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Opinion

Motion to dismiss appeal upon the ground that it was not taken within the time limited by statute or, in the alternative, upon the ground that appellant, as trustee, is not an aggrieved party, and, in the event appellant seeks to appeal individually, upon the ground that appellant individually is not an aggrieved party and is attempting to appeal from a default judgment. Motion to dismiss appeal as untimely denied, without costs (see CPLR 5513, subd. [a]). Motion to dismiss appeal purportedly taken by appellant individually dismissed, without costs. It appears from the papers that the appeal herein is taken by appellant as trustee. Motion to dismiss appeal upon the ground that appellant, as trustee, is not aggrieved granted, without costs (Bryant v. Thompson, 128 N. Y. 426, 434 ; 7 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5511.07). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.

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Motion to dismiss appeal upon the ground that it was not taken within the time limited by statute or, in the alternative, upon the ground that appellant, as trustee, is not an aggrieved party, and, in the event appellant seeks to appeal individually, upon the ground that appellant individually is not an aggrieved party and is attempting to appeal from a default judgment. Motion to dismiss appeal as untimely denied, without costs (see CPLR 5513, subd. [a]). Motion to dismiss appeal purportedly taken by appellant individually dismissed, without costs. It appears from the papers that the appeal herein is taken by appellant as trustee. Motion to dismiss appeal upon the ground that appellant, as trustee, is not aggrieved granted, without costs (Bryant v. Thompson, 128 N. Y. 426, 434 ; 7 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5511.07). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.

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Bluebook (online)

38 A.D.2d 764, 1972 N.Y. App. Div. LEXIS 5680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-morris-nyappdiv-1972.

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