Tschornyi v. County Court of Tompkins
This text of 282 A.D. 967 (Tschornyi v. County Court of Tompkins) 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.
Opinion
Motion to dismiss appeal from an order dismissing proceeding under article 78 in the nature of prohibition. It may well be, as the court held and as the District Attorney argues, that [968]*968the proceeding was improper but that is a matter which goes to the merits of the appeal and cannot be made the basis for a motion to dismiss the appeal. Motion denied, without costs. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.
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Cite This Page — Counsel Stack
282 A.D. 967, 125 N.Y.S.2d 636, 1953 N.Y. App. Div. LEXIS 5591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tschornyi-v-county-court-of-tompkins-nyappdiv-1953.