Ryan v. Grimm

Appellate Division of the Supreme Court of New York

Ryan v. Grimm

23 A.D.2d 527, 255 N.Y.S.2d 486, 1965 N.Y. App. Div. LEXIS 5104

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

DecidedJanuary 7, 1965

StatusPublished

This text of 23 A.D.2d 527 (Ryan v. Grimm) 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

Ryan v. Grimm, 23 A.D.2d 527, 255 N.Y.S.2d 486, 1965 N.Y. App. Div. LEXIS 5104 (N.Y. Ct. App. 1965).

Pincite

Opinion

Motion for leave to appeal to the Court of Appeals denied. Memorandum; We do not reach or pass upon the question as to whether an appeal to the Court of Appeals from our order of December 3, 1964 may be taken as a matter of right. If permission is required, the motion of respondents-appellants for leave to appeal is denied. Order of Erie Special Term granted December 22, 1964 modified in accordance with the memorandum. Memorandum; In the exercise of a proper discretion the order granted December 22, 1964, should be modified to provide that the stay therein contained be continued upon condition that respondents-appellants shall forthwith make application to the Court of Appeals returnable at the term of that court presently in session for permission to appeal thereto; upon filing proof with this court on or before January 11, 1965 that such application has not been made the application of p etitioner s-resp on dents to vacate the stay will be reconsidered by this court. (Decision filed and orders entered thereon on January 5, 1965.) Present — ■ Bastow, J. P., Goldman, Henry, Noonan and Del Yecchio, JJ.

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Motion for leave to appeal to the Court of Appeals denied. Memorandum; We do not reach or pass upon the question as to whether an appeal to the Court of Appeals from our order of December 3, 1964 may be taken as a matter of right. If permission is required, the motion of respondents-appellants for leave to appeal is denied. Order of Erie Special Term granted December 22, 1964 modified in accordance with the memorandum. Memorandum; In the exercise of a proper discretion the order granted December 22, 1964, should be modified to provide that the stay therein contained be continued upon condition that respondents-appellants shall forthwith make application to the Court of Appeals returnable at the term of that court presently in session for permission to appeal thereto; upon filing proof with this court on or before January 11, 1965 that such application has not been made the application of p etitioner s-resp on dents to vacate the stay will be reconsidered by this court. (Decision filed and orders entered thereon on January 5, 1965.) Present — ■ Bastow, J. P., Goldman, Henry, Noonan and Del Yecchio, JJ.

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Bluebook (online)

23 A.D.2d 527, 255 N.Y.S.2d 486, 1965 N.Y. App. Div. LEXIS 5104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-grimm-nyappdiv-1965.