Pratt v. Melton

Appellate Division of the Supreme Court of New York

Pratt v. Melton

67 A.D.2d 1077, 413 N.Y.S.2d 527, 1979 N.Y. App. Div. LEXIS 10891

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

DecidedFebruary 26, 1979

StatusPublished

This text of 67 A.D.2d 1077 (Pratt v. Melton) 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

Pratt v. Melton, 67 A.D.2d 1077, 413 N.Y.S.2d 527, 1979 N.Y. App. Div. LEXIS 10891 (N.Y. Ct. App. 1979).

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Opinion

— Motion by respondent to dismiss petitioner’s cross appeal for failure of prosecution denied, without costs. Cross motion by petitioner for order directing that respondent shall be deemed the appellant and shall file and serve record and brief first (22 NYCRR 800.9 [e]), granted, without costs. This proceeding was brought to annul respondent’s determination suspending petitioner’s driver’s license for 30 days. By judgment entered October 6, 1978, Special Term denied respondent’s motion to transfer the proceeding pursuant to CPLR 7804 (subd [g]), denied respondent’s objection in point of law and granted petitioner’s motion for an order annulling the suspension. Respondent appealed by notice of appeal dated October 11, 1978. Petitioner filed a notice of cross appeal on October 24, 1978 for the sole purpose of also bringing up for review Special Term’s failure to determine that part of his motion which, inter alia, sought to declare certain sections of the Vehicle and Traffic Law unconstitutional. Under such circumstances, it is clear that respondent is the main appellant and should therefore be required to file and serve the record and brief first. Mahoney, P. J., Greenblott, Sweeney, Main and Mikoll, JJ., concur.

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— Motion by respondent to dismiss petitioner’s cross appeal for failure of prosecution denied, without costs. Cross motion by petitioner for order directing that respondent shall be deemed the appellant and shall file and serve record and brief first (22 NYCRR 800.9 [e]), granted, without costs. This proceeding was brought to annul respondent’s determination suspending petitioner’s driver’s license for 30 days. By judgment entered October 6, 1978, Special Term denied respondent’s motion to transfer the proceeding pursuant to CPLR 7804 (subd [g]), denied respondent’s objection in point of law and granted petitioner’s motion for an order annulling the suspension. Respondent appealed by notice of appeal dated October 11, 1978. Petitioner filed a notice of cross appeal on October 24, 1978 for the sole purpose of also bringing up for review Special Term’s failure to determine that part of his motion which, inter alia, sought to declare certain sections of the Vehicle and Traffic Law unconstitutional. Under such circumstances, it is clear that respondent is the main appellant and should therefore be required to file and serve the record and brief first. Mahoney, P. J., Greenblott, Sweeney, Main and Mikoll, JJ., concur.

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Bluebook (online)

67 A.D.2d 1077, 413 N.Y.S.2d 527, 1979 N.Y. App. Div. LEXIS 10891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pratt-v-melton-nyappdiv-1979.