King v. Town of Oyster Bay

Appellate Division of the Supreme Court of New York

King v. Town of Oyster Bay

2 A.D.2d 901, 157 N.Y.S.2d 910, 1956 N.Y. App. Div. LEXIS 3743

Appellate Division of the Supreme Court of the State of New York·Decided November 26, 1956·Published

Opinion

Motion to dismiss appeal from an order entered September 17, 1956 denied, without costs. On the argument of the appeal, the moving party may renew the motion on the grounds that the order of November 5, 1956 had superseded the order of September 17, 1956 and that the appellant could not continue the prosecution of the appeal from the first order (see Civ. Prac. Act, § 562-a). Present — Nolan, P. J., Wenzel, Beldoek, Ughetta and Kleinfeld, JJ.

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Motion to dismiss appeal from an order entered September 17, 1956 denied, without costs. On the argument of the appeal, the moving party may renew the motion on the grounds that the order of November 5, 1956 had superseded the order of September 17, 1956 and that the appellant could not continue the prosecution of the appeal from the first order (see Civ. Prac. Act, § 562-a). Present — Nolan, P. J., Wenzel, Beldoek, Ughetta and Kleinfeld, JJ.

King v. Town of Oyster Bay, 2 A.D.2d 901, 157 N.Y.S.2d 910, 1956 N.Y. App. Div. LEXIS 3743 (N.Y. Ct. App. 1956).

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