Preiser v. Schiebelbuth

Appellate Division of the Supreme Court of New York

Preiser v. Schiebelbuth

11 A.D.2d 795, 205 N.Y.S.2d 980, 1960 N.Y. App. Div. LEXIS 8608

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

DecidedJuly 11, 1960

StatusPublished

This text of 11 A.D.2d 795 (Preiser v. Schiebelbuth) 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

Preiser v. Schiebelbuth, 11 A.D.2d 795, 205 N.Y.S.2d 980, 1960 N.Y. App. Div. LEXIS 8608 (N.Y. Ct. App. 1960).

Pincite

Opinion

— In a proceeding pursuant to article 78 of the Civil Practice Act, to compel respondent, an Ófficial Stenographer, to deliver to petitioners a certified transcript of the trial minutes of a certain action upon payment of the statutory fee per folio, petitioners appeal from an order of the Supreme Court, Westchester County, dated February 19, 1960, insofar as it: (a) directs compliance “with reasonable diligence” rather than “forthwith;” (b) directs delivery of a transcript of the minutes of such portion of the trial as was reported by respondent rather than a transcript of the minutes of the whole trial; (c) fails to direct that the statutory fee be computed from the completed transcript before payment; (d) fails to award costs or impose a fine against respondent; and (e) fails to initiate contempt proceedings against respondent. Order insofar as appealed from affirmed, without costs. No opinion. Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

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— In a proceeding pursuant to article 78 of the Civil Practice Act, to compel respondent, an Ófficial Stenographer, to deliver to petitioners a certified transcript of the trial minutes of a certain action upon payment of the statutory fee per folio, petitioners appeal from an order of the Supreme Court, Westchester County, dated February 19, 1960, insofar as it: (a) directs compliance “with reasonable diligence” rather than “forthwith;” (b) directs delivery of a transcript of the minutes of such portion of the trial as was reported by respondent rather than a transcript of the minutes of the whole trial; (c) fails to direct that the statutory fee be computed from the completed transcript before payment; (d) fails to award costs or impose a fine against respondent; and (e) fails to initiate contempt proceedings against respondent. Order insofar as appealed from affirmed, without costs. No opinion. Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

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Bluebook (online)

11 A.D.2d 795, 205 N.Y.S.2d 980, 1960 N.Y. App. Div. LEXIS 8608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/preiser-v-schiebelbuth-nyappdiv-1960.