Matthews v. Kern

177 Misc. 959, 32 N.Y.S.2d 621, 1942 N.Y. Misc. LEXIS 1279
CourtNew York Supreme Court
DecidedJanuary 5, 1942
StatusPublished

This text of 177 Misc. 959 (Matthews v. Kern) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matthews v. Kern, 177 Misc. 959, 32 N.Y.S.2d 621, 1942 N.Y. Misc. LEXIS 1279 (N.Y. Super. Ct. 1942).

Opinion

Koch, J.

This motion for an order directing the reinstatement of the petitioner and for incidental relief is denied. The petitioner did not file an application for citizenship within six months after the Wicks Act (Laws of 1939, chap. 927) took effect and may, therefore, not obtain the benefits of that statute. The case of Matter of Mozzarella v. Kern (285 N. Y. 85) is distinguishable in that there an application for citizenship had been filed prior to the expiration of the six months’ period above referred to. The alleged presentation by the petitioner of an improperly filled out application, which was rejected because of its deficiencies, does not constitute the filing of an application for citizenship within the meaning of the Wicks Act.

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Related

Matter of Mazzarella v. Kern
32 N.E.2d 803 (New York Court of Appeals, 1941)

Cite This Page — Counsel Stack

Bluebook (online)
177 Misc. 959, 32 N.Y.S.2d 621, 1942 N.Y. Misc. LEXIS 1279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matthews-v-kern-nysupct-1942.