Kells v. Kells

Appellate Division of the Supreme Court of New York

Kells v. Kells

257 A.D. 863, 12 N.Y.S.2d 699, 1939 N.Y. App. Div. LEXIS 8197

Appellate Division of the Supreme Court of the State of New York·Decided May 29, 1939·Published·Cited by 2 cases

Opinion

Order denying plaintiff’s motion to vacate the order confirming, in part, the report of the official referee, affirmed, without costs. It appears that the parties, in effect, agreed to the substance of the testimony taken by the official referee, and that plaintiff, by moving to confirm the report, which motion was joined in by defendant, made unnecessary the filing of stenographer’s minutes as part of the referee’s report. Neither party has excepted to the referee’s findings of fact, and where confirmation of the referee’s report is not opposed, the report is sufficient without the stenographer’s minutes. (Aron v. Aron, 280 N. Y. 328.) Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

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Order denying plaintiff’s motion to vacate the order confirming, in part, the report of the official referee, affirmed, without costs. It appears that the parties, in effect, agreed to the substance of the testimony taken by the official referee, and that plaintiff, by moving to confirm the report, which motion was joined in by defendant, made unnecessary the filing of stenographer’s minutes as part of the referee’s report. Neither party has excepted to the referee’s findings of fact, and where confirmation of the referee’s report is not opposed, the report is sufficient without the stenographer’s minutes. (Aron v. Aron, 280 N. Y. 328.) Lazansky, P. J., Carswell, Johnston, Adel and Taylor, JJ., concur.

Kells v. Kells, 257 A.D. 863, 12 N.Y.S.2d 699, 1939 N.Y. App. Div. LEXIS 8197 (N.Y. Ct. App. 1939).

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Opinion

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