In re the Estate of Nowakowski

Appellate Division of the Supreme Court of New York

In re the Estate of Nowakowski

286 A.D. 951, 142 N.Y.S.2d 825, 1955 N.Y. App. Div. LEXIS 4579

Procedural entryThis page is a short order in In re the Estate of Nowakowski. Read the opinion of the Court — 284 A.D. 655 →

Appellate Division of the Supreme Court of the State of New York·Decided July 15, 1955·Published

Opinion

Memorandum: It appears uncontradicted that the record does not correctly state the facts which were before the Surrogate at the time he rendered his decision. In that situation the appellant is entitled to have the record corrected so as to state the uncontradicted facts which were before the Surrogate at the time he rendered his decision. All concur. (Appeal from an order of Erie Surrogate’s Court denying a motion to be relieved of stipulations settling the record on appeal and to correct record on appeal.) Present — MeCurn, P. J., Kimball, Piper, Wheeler and Van Duser, JJ. [See post, p. 989.]

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Memorandum: It appears uncontradicted that the record does not correctly state the facts which were before the Surrogate at the time he rendered his decision. In that situation the appellant is entitled to have the record corrected so as to state the uncontradicted facts which were before the Surrogate at the time he rendered his decision. All concur. (Appeal from an order of Erie Surrogate’s Court denying a motion to be relieved of stipulations settling the record on appeal and to correct record on appeal.) Present — MeCurn, P. J., Kimball, Piper, Wheeler and Van Duser, JJ. [See post, p. 989.]

In re the Estate of Nowakowski, 286 A.D. 951, 142 N.Y.S.2d 825, 1955 N.Y. App. Div. LEXIS 4579 (N.Y. Ct. App. 1955).

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