Polito v. . Pitriello

New York Court of Appeals

Polito v. . Pitriello

89 N.E. 1096, 196 N.Y. 517, 1909 N.Y. LEXIS 875

New York Court of Appeals·Decided October 12, 1909·Published

Opinion

Per Curiam.

This is a motion to restore the appeal in this proceeding to the calendar, it having been dismissed under rule one for failure to file a return as therein required.

It appears that the justification of sureties executing the *518 undertaking on the appeal is still pending and undetermined in the Supreme Court.

The filing of a return cannot be compelled until the appeal is fully perfected.

The motion should be granted, without costs.

Cullen, Cli. J., Edward T. Bartlett, Haight, Yann, Willard Bartlett, Hiscock and Chase, JJ., concur.

Motion granted.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

This is a motion to restore the appeal in this proceeding to the calendar, it having been dismissed under rule one for failure to file a return as therein required.

It appears that the justification of sureties executing the *518 undertaking on the appeal is still pending and undetermined in the Supreme Court.

The filing of a return cannot be compelled until the appeal is fully perfected.

The motion should be granted, without costs.

Cullen, Cli. J., Edward T. Bartlett, Haight, Yann, Willard Bartlett, Hiscock and Chase, JJ., concur.

Motion granted.

Polito v. . Pitriello, 89 N.E. 1096, 196 N.Y. 517, 1909 N.Y. LEXIS 875 (N.Y. 1909).

Pincite

89 N.E. 1096 (Polito v. . Pitriello) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.