Occhino v. Hostetter

Appellate Division of the Supreme Court of New York

Occhino v. Hostetter

21 A.D.2d 744, 250 N.Y.S.2d 120, 1964 N.Y. App. Div. LEXIS 3758

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

DecidedMay 21, 1964

StatusPublished

Cited by1 cases

This text of 21 A.D.2d 744 (Occhino v. Hostetter) 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

Occhino v. Hostetter, 21 A.D.2d 744, 250 N.Y.S.2d 120, 1964 N.Y. App. Div. LEXIS 3758 (N.Y. Ct. App. 1964).

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Opinion

Order unanimously reversed in the interests of justice, answer in its present form stricken, with leave to serve a new and proper answer within 20 days after service of a copy of the order with notice of entry thereof, with costs to petitioner-respondent against the appellants. Memorandum: 7804, subd. (e) CPLR required the respondents to file with their answer a record of the proceedings under review. This they failed to do. Under this same section Special Term had the power to order the defect or omission to be supplied. This was not done. The answer is therefore dismissed and in the interests of justice the respondents are granted permission to interpose a new and proper answer. (Appeal from an order of Erie Special Term directing respondents to approve petitioner’s application for removal of retail liquor store and to perform their duties in relation thereto.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Vecehio, JJ.

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Order unanimously reversed in the interests of justice, answer in its present form stricken, with leave to serve a new and proper answer within 20 days after service of a copy of the order with notice of entry thereof, with costs to petitioner-respondent against the appellants. Memorandum: 7804, subd. (e) CPLR required the respondents to file with their answer a record of the proceedings under review. This they failed to do. Under this same section Special Term had the power to order the defect or omission to be supplied. This was not done. The answer is therefore dismissed and in the interests of justice the respondents are granted permission to interpose a new and proper answer. (Appeal from an order of Erie Special Term directing respondents to approve petitioner’s application for removal of retail liquor store and to perform their duties in relation thereto.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Vecehio, JJ.

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Bluebook (online)

21 A.D.2d 744, 250 N.Y.S.2d 120, 1964 N.Y. App. Div. LEXIS 3758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/occhino-v-hostetter-nyappdiv-1964.

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