Matter of Finn

New York Court of Appeals

Matter of Finn

36 N.E.2d 664, 286 N.Y. 464, 1941 N.Y. LEXIS 1463

CourtNew York Court of Appeals

DecidedJuly 29, 1941

StatusPublished

Cited by2 cases

This text of 36 N.E.2d 664 (Matter of Finn) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Finn, 36 N.E.2d 664, 286 N.Y. 464, 1941 N.Y. LEXIS 1463 (N.Y. 1941).

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Opinion

Per Curiam.

The appellant, an attorney, was disbarred in 1932, without notice of application therefor, under Judiciary Law (Cons. Laws, ch. 30), section 477, after his conviction of a felony. No appeal was taken from the order of disbarment. In 1940 a motion was made by appellant to vacate or modify the order of disbarment as permitted by Judiciary Law, section 88, subdivision 4, by reason of his pardon by the Governor of this State. That motion was denied by an order of the Appellate Division, second department, entered on January 13, 1941. Thereafter in 1941 a motion was made to resettle that order of denial. Resettlement was granted by an order of the Appellate Division, second department, entered on February 18, 1941, but no material change was thereby made. The appeal to this court is only from such order of resettlement. It is an appeal from a non-appealable order and presents no constitutional question.

The appeal should be dismissed, without costs. (See 286 N. Y. 722.)

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Appeal dismissed.

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Per Curiam.

The appellant, an attorney, was disbarred in 1932, without notice of application therefor, under Judiciary Law (Cons. Laws, ch. 30), section 477, after his conviction of a felony. No appeal was taken from the order of disbarment. In 1940 a motion was made by appellant to vacate or modify the order of disbarment as permitted by Judiciary Law, section 88, subdivision 4, by reason of his pardon by the Governor of this State. That motion was denied by an order of the Appellate Division, second department, entered on January 13, 1941. Thereafter in 1941 a motion was made to resettle that order of denial. Resettlement was granted by an order of the Appellate Division, second department, entered on February 18, 1941, but no material change was thereby made. The appeal to this court is only from such order of resettlement. It is an appeal from a non-appealable order and presents no constitutional question.

The appeal should be dismissed, without costs. (See 286 N. Y. 722.)

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Appeal dismissed.

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Bluebook (online)

36 N.E.2d 664, 286 N.Y. 464, 1941 N.Y. LEXIS 1463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-finn-ny-1941.

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