Walkley v. Cupeta

Appellate Terms of the Supreme Court of New York

Walkley v. Cupeta

107 N.Y.S. 40

CourtAppellate Terms of the Supreme Court of New York

DecidedNovember 29, 1907

StatusPublished

This text of 107 N.Y.S. 40 (Walkley v. Cupeta) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walkley v. Cupeta, 107 N.Y.S. 40 (N.Y. Ct. App. 1907).

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Opinion

PER CURIAM.

• This appeal must be dismissed. The notice of appeal recites that it is taken from an order “made and entered herein June 38, 1907, denying defendant’s motion to open her default.” No such order appears in the record, and it is claimed by the respondent that none was ever made or entered, although it seems that such a motion was made and denied. Until an order is entered no appeal will lie, as such an appeal is only permitted to be taken from “an order.” Sections 353, 357, Municipal Court Act (Laws 1903, pp. 1563, 1563, c. 580).

Appeal dismissed, with $10 costs.

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PER CURIAM.

• This appeal must be dismissed. The notice of appeal recites that it is taken from an order “made and entered herein June 38, 1907, denying defendant’s motion to open her default.” No such order appears in the record, and it is claimed by the respondent that none was ever made or entered, although it seems that such a motion was made and denied. Until an order is entered no appeal will lie, as such an appeal is only permitted to be taken from “an order.” Sections 353, 357, Municipal Court Act (Laws 1903, pp. 1563, 1563, c. 580).

Appeal dismissed, with $10 costs.

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Bluebook (online)

107 N.Y.S. 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walkley-v-cupeta-nyappterm-1907.