McElroy v. McAndrews

Appellate Division of the Supreme Court of New York

McElroy v. McAndrews

10 A.D.2d 852, 199 N.Y.S.2d 190, 1960 N.Y. App. Div. LEXIS 10819

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

DecidedApril 4, 1960

StatusPublished

Cited by1 cases

This text of 10 A.D.2d 852 (McElroy v. McAndrews) 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

McElroy v. McAndrews, 10 A.D.2d 852, 199 N.Y.S.2d 190, 1960 N.Y. App. Div. LEXIS 10819 (N.Y. Ct. App. 1960).

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Opinion

Motion to dismiss the petition on the ground that it fails to state facts sufficient to constitute grounds for the relief sought (Civ. Prae. Act, § 1293). Motion denied, without costs. Respondents may, if so advised, serve and file an answer within 10 days after service of a copy of the order to foe entered hereon with notice of entry. Although the motion has been accepted for determination, it should have been made and determined at the Special Term. We do not approve the practice of transferring a proceeding pursuant to article 78 of the Civil Practice Act, including a motion such as this, to the Appellate Division, prior to the raising of issues by answer to the petition. (See Civ. Prac. Act, § 1296, 1st unnumbered par. following subd. 7.) Present — Beldock, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ.

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Motion to dismiss the petition on the ground that it fails to state facts sufficient to constitute grounds for the relief sought (Civ. Prae. Act, § 1293). Motion denied, without costs. Respondents may, if so advised, serve and file an answer within 10 days after service of a copy of the order to foe entered hereon with notice of entry. Although the motion has been accepted for determination, it should have been made and determined at the Special Term. We do not approve the practice of transferring a proceeding pursuant to article 78 of the Civil Practice Act, including a motion such as this, to the Appellate Division, prior to the raising of issues by answer to the petition. (See Civ. Prac. Act, § 1296, 1st unnumbered par. following subd. 7.) Present — Beldock, Acting P. J., Kleinfeld, Christ, Pette and Brennan, JJ.

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Bluebook (online)

10 A.D.2d 852, 199 N.Y.S.2d 190, 1960 N.Y. App. Div. LEXIS 10819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcelroy-v-mcandrews-nyappdiv-1960.

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