Kenny v. Loos

Appellate Division of the Supreme Court of New York

Kenny v. Loos

284 A.D. 925, 134 N.Y.S.2d 447, 1954 N.Y. App. Div. LEXIS 4068

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

DecidedOctober 20, 1954

StatusPublished

This text of 284 A.D. 925 (Kenny v. Loos) 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

Kenny v. Loos, 284 A.D. 925, 134 N.Y.S.2d 447, 1954 N.Y. App. Div. LEXIS 4068 (N.Y. Ct. App. 1954).

Pincite

Opinion

— Appeal from an order of the Supreme Court, Albany County Special Term, denying a motion for .reargument of an application under article 78 of the Civil Practice Act. The appellant sought an order annulling a determination of the respondents, made pursuant to section 219 of the Correction Law, requiring him to serve in prison the portion remaining of the maximum term of a prior sentence before beginning to serve a sentence for a felony committed while on parole. The application was dismissed on the ground that it was barred by the Statute of Limitations (Civ. Prac. Act, § 1286). A notice of appeal from the order of dismissal was served and, subsequently, the motion for reargument was made. An appeal does not' lie from an order denying a motion to reargue and therefore the appeal is dismissed, without costs. If the appeal was properly taken and is still pending, the appellant, if - he desires, may perfect the appeal from the order of dismissal. Bergan, J. P., Coon, Halpem, Imrie and Zeller, JJ., concur.

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— Appeal from an order of the Supreme Court, Albany County Special Term, denying a motion for .reargument of an application under article 78 of the Civil Practice Act. The appellant sought an order annulling a determination of the respondents, made pursuant to section 219 of the Correction Law, requiring him to serve in prison the portion remaining of the maximum term of a prior sentence before beginning to serve a sentence for a felony committed while on parole. The application was dismissed on the ground that it was barred by the Statute of Limitations (Civ. Prac. Act, § 1286). A notice of appeal from the order of dismissal was served and, subsequently, the motion for reargument was made. An appeal does not' lie from an order denying a motion to reargue and therefore the appeal is dismissed, without costs. If the appeal was properly taken and is still pending, the appellant, if - he desires, may perfect the appeal from the order of dismissal. Bergan, J. P., Coon, Halpem, Imrie and Zeller, JJ., concur.

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Bluebook (online)

284 A.D. 925, 134 N.Y.S.2d 447, 1954 N.Y. App. Div. LEXIS 4068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenny-v-loos-nyappdiv-1954.