Ruscitto v. Iovinelle

Appellate Division of the Supreme Court of New York

Ruscitto v. Iovinelle

70 A.D.2d 712, 416 N.Y.S.2d 763, 1979 N.Y. App. Div. LEXIS 12197

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

DecidedMay 17, 1979

StatusPublished

This text of 70 A.D.2d 712 (Ruscitto v. Iovinelle) 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.

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Ruscitto v. Iovinelle, 70 A.D.2d 712, 416 N.Y.S.2d 763, 1979 N.Y. App. Div. LEXIS 12197 (N.Y. Ct. App. 1979).

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Opinion

— Appeal from an order of the County Court of Schenectady County, entered July 21, 1978, which denied a motion for renewal of a motion to drop Vincent Giordano as a party. The appellant made his motion for renewal based upon, inter alia, the papers submitted upon his prior motion. These papers are not included in the record on this appeal and, accordingly, it cannot be determined if the examination before trial submitted upon renewal constituted new evidence or is just cumulative evidence. This record on appeal was certified by counsel for the appellant and, in the absence of a showing of new evidence, there can be no relief upon this appeal.. (See Matter of Hooker v Town Bd. of Town of Guilderland, 60 AD2d 684.) Order affirmed, with costs. Greenblott, J. P., Staley, Jr., Main, Mikoll and Herlihy, JJ., concur.

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— Appeal from an order of the County Court of Schenectady County, entered July 21, 1978, which denied a motion for renewal of a motion to drop Vincent Giordano as a party. The appellant made his motion for renewal based upon, inter alia, the papers submitted upon his prior motion. These papers are not included in the record on this appeal and, accordingly, it cannot be determined if the examination before trial submitted upon renewal constituted new evidence or is just cumulative evidence. This record on appeal was certified by counsel for the appellant and, in the absence of a showing of new evidence, there can be no relief upon this appeal.. (See Matter of Hooker v Town Bd. of Town of Guilderland, 60 AD2d 684.) Order affirmed, with costs. Greenblott, J. P., Staley, Jr., Main, Mikoll and Herlihy, JJ., concur.

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70 A.D.2d 712, 416 N.Y.S.2d 763, 1979 N.Y. App. Div. LEXIS 12197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruscitto-v-iovinelle-nyappdiv-1979.

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