Lewis v. Lewis

Appellate Division of the Supreme Court of New York

Lewis v. Lewis

19 A.D.2d 795, 242 N.Y.S.2d 933, 1963 N.Y. App. Div. LEXIS 3241

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

DecidedSeptember 12, 1963

StatusPublished

This text of 19 A.D.2d 795 (Lewis v. Lewis) 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

Lewis v. Lewis, 19 A.D.2d 795, 242 N.Y.S.2d 933, 1963 N.Y. App. Div. LEXIS 3241 (N.Y. Ct. App. 1963).

Pincite

Opinion

Motion to open default dismissal denied. Memorandum: The decree appealed from was entered on October 13, 1961 and notice of appeal was served on October 31,1961. On April 3, 1962 an order was made dismissing the appeal for failure to file record and briefs. Appellant filed no affidavit in opposition to respondent’s motion to dismiss. Appellant now requests that the order of dismissal be vacated. The sole ground is that appellant was without funds to print the record and briefs. This court has repeatedly held that an appellant is not required to establish that he qualifies as a poor person before permission will be granted to prosecute the appeal on nonprinted papers. (Cf. Eagle Contrs. of Utica v. Black, 5 A D 2d 954.) In the light of such decisions appellant has failed to show any valid reasons why the requested relief should be granted.

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Motion to open default dismissal denied. Memorandum: The decree appealed from was entered on October 13, 1961 and notice of appeal was served on October 31,1961. On April 3, 1962 an order was made dismissing the appeal for failure to file record and briefs. Appellant filed no affidavit in opposition to respondent’s motion to dismiss. Appellant now requests that the order of dismissal be vacated. The sole ground is that appellant was without funds to print the record and briefs. This court has repeatedly held that an appellant is not required to establish that he qualifies as a poor person before permission will be granted to prosecute the appeal on nonprinted papers. (Cf. Eagle Contrs. of Utica v. Black, 5 A D 2d 954.) In the light of such decisions appellant has failed to show any valid reasons why the requested relief should be granted.

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Bluebook (online)

19 A.D.2d 795, 242 N.Y.S.2d 933, 1963 N.Y. App. Div. LEXIS 3241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-lewis-nyappdiv-1963.