Kraemer v. Gallagher

Appellate Division of the Supreme Court of New York

Kraemer v. Gallagher

21 A.D.2d 682, 250 N.Y.S.2d 130, 1964 N.Y. App. Div. LEXIS 3852

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

DecidedMay 11, 1964

StatusPublished

Cited by4 cases

This text of 21 A.D.2d 682 (Kraemer v. Gallagher) 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

Kraemer v. Gallagher, 21 A.D.2d 682, 250 N.Y.S.2d 130, 1964 N.Y. App. Div. LEXIS 3852 (N.Y. Ct. App. 1964).

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Opinion

On an appeal from a final judgment, motion by respondent to reject appellant’s notice of settlement of the transcript of the stenographic minutes of the trial which preceded the interlocutory judgment, and for other relief. Motion denied in toto, without prejudice to an application to the Trial Judge for appropriate relief. He is the one who in the first instance is required to settle the transcript to be used upon an appeal, and to decide any controversy with respect to such transcript. The proper procedure is prescribed by subdivision (e) of 5525 of the Civil Practice Law and Rules. The appeal is ordered on the calendar for the September Term beginning September 9, 1964; the stay heretofore granted by order, dated March 26, 1964, is continued on condition that the appeal be perfected for said term. The record and appellant’s brief must be served and filed on or before July 20, 1964. Beldoek, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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On an appeal from a final judgment, motion by respondent to reject appellant’s notice of settlement of the transcript of the stenographic minutes of the trial which preceded the interlocutory judgment, and for other relief. Motion denied in toto, without prejudice to an application to the Trial Judge for appropriate relief. He is the one who in the first instance is required to settle the transcript to be used upon an appeal, and to decide any controversy with respect to such transcript. The proper procedure is prescribed by subdivision (e) of 5525 of the Civil Practice Law and Rules. The appeal is ordered on the calendar for the September Term beginning September 9, 1964; the stay heretofore granted by order, dated March 26, 1964, is continued on condition that the appeal be perfected for said term. The record and appellant’s brief must be served and filed on or before July 20, 1964. Beldoek, P. J., Ughetta, Christ, Brennan and Hill, JJ., concur.

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Bluebook (online)

21 A.D.2d 682, 250 N.Y.S.2d 130, 1964 N.Y. App. Div. LEXIS 3852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kraemer-v-gallagher-nyappdiv-1964.

Opinion

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