People v. C. & W. Construction Co.

Appellate Division of the Supreme Court of New York

People v. C. & W. Construction Co.

254 A.D. 627, 3 N.Y.S.2d 67, 1938 N.Y. App. Div. LEXIS 6767

Procedural entryThis page is a short order in People v. C. & W. Construction Co.. Read the opinion of the Court — 246 A.D. 373 →

Appellate Division of the Supreme Court of the State of New York·Decided March 25, 1938·Published

Opinion

Appeal from an order permitting an amendment to a notice of appeal. This motion was made after the time to appeal had expired. It should not have been granted unless a sufficiently definite notice had been served within- the statutory time. The original notice was inartifieially phrased, but its meaning was discernible. This order does not amount to an extension of the time to appeal and, therefore, is not particularly objectionable, even if unnecessary. The order should be affirmed, without costs. Order unanimously affirmed, without costs. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

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Appeal from an order permitting an amendment to a notice of appeal. This motion was made after the time to appeal had expired. It should not have been granted unless a sufficiently definite notice had been served within- the statutory time. The original notice was inartifieially phrased, but its meaning was discernible. This order does not amount to an extension of the time to appeal and, therefore, is not particularly objectionable, even if unnecessary. The order should be affirmed, without costs. Order unanimously affirmed, without costs. Present — Hill, P. J., Rhodes, McNamee, Crapser and Bliss, JJ.

People v. C. & W. Construction Co., 254 A.D. 627, 3 N.Y.S.2d 67, 1938 N.Y. App. Div. LEXIS 6767 (N.Y. Ct. App. 1938).

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