Polito v. . Pitriello

New York Court of Appeals

Polito v. . Pitriello

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

DecidedOctober 12, 1909

StatusPublished

This text of 89 N.E. 1096 (Polito v. . Pitriello) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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