In re the Judicial Settlement of the Intermediate Account of Proceedings of Erb

Appellate Division of the Supreme Court of New York

In re the Judicial Settlement of the Intermediate Account of Proceedings of Erb

242 A.D. 631

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1934·Published

Opinion

Motion denied on authority of Matter of Carlino v. Downs (ante, p. 631), decided herewith. Moreover, the decree appealed from is inconclusive. The applicant may move to vacate the citation and service thereof upon it. In the event such a motion is denied it may appeal on a record that will present a practical question. A stay may then be granted on terms preserving the status quo pending an appeal to review the ruling claimed to aggrieve. Present — Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ.

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Motion denied on authority of Matter of Carlino v. Downs (ante, p. 631), decided herewith. Moreover, the decree appealed from is inconclusive. The applicant may move to vacate the citation and service thereof upon it. In the event such a motion is denied it may appeal on a record that will present a practical question. A stay may then be granted on terms preserving the status quo pending an appeal to review the ruling claimed to aggrieve. Present — Lazansky, P. J., Kapper, Hagarty, Carswell and Tompkins, JJ.

In re the Judicial Settlement of the Intermediate Account of Proceedings of Erb, 242 A.D. 631 (N.Y. Ct. App. 1934).

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