Village of Sherburne v. Jemzura

Appellate Division of the Supreme Court of New York

Village of Sherburne v. Jemzura

37 A.D.2d 648, 322 N.Y.S.2d 407, 1971 N.Y. App. Div. LEXIS 3755

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

DecidedJune 24, 1971

StatusPublished

This text of 37 A.D.2d 648 (Village of Sherburne v. Jemzura) 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

Village of Sherburne v. Jemzura, 37 A.D.2d 648, 322 N.Y.S.2d 407, 1971 N.Y. App. Div. LEXIS 3755 (N.Y. Ct. App. 1971).

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Opinion

Appeal from an order of the County Court of Chenango County, entered June 22, 1970, which dismissed an appeal from a denial of a motion to open a default judgment taken by the respondent against appellant in the Justice Court of the Village of Sherburne, New York, on April 8, 1968. Under the circumstances of this case, the dismissal of the appeal by the County Court was proper since there was no record or statement of alleged errors before the court upon which the merits of the appeal could be considered. While appellant was not responsible for the failure of the Justice Court to file a return within 10 days after the filing of the appeal (UJCA, § 1704, subd. [b]), appellant failed to submit a statement to County Court in lieu of the record (UJCA, § 1703; CPLR 5527), nor did he file a brief or appear for oral argument. Order affirmed, without costs. Reynolds, J. P., 'Greenblott, Cooke, Sweeney and Simons, JJ., concur.

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Appeal from an order of the County Court of Chenango County, entered June 22, 1970, which dismissed an appeal from a denial of a motion to open a default judgment taken by the respondent against appellant in the Justice Court of the Village of Sherburne, New York, on April 8, 1968. Under the circumstances of this case, the dismissal of the appeal by the County Court was proper since there was no record or statement of alleged errors before the court upon which the merits of the appeal could be considered. While appellant was not responsible for the failure of the Justice Court to file a return within 10 days after the filing of the appeal (UJCA, § 1704, subd. [b]), appellant failed to submit a statement to County Court in lieu of the record (UJCA, § 1703; CPLR 5527), nor did he file a brief or appear for oral argument. Order affirmed, without costs. Reynolds, J. P., 'Greenblott, Cooke, Sweeney and Simons, JJ., concur.

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Bluebook (online)

37 A.D.2d 648, 322 N.Y.S.2d 407, 1971 N.Y. App. Div. LEXIS 3755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-sherburne-v-jemzura-nyappdiv-1971.

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