Appellate Division of the Supreme Court of New York, 1913

In re the Accounting of Fletcher

In re the Accounting of Fletcher
Appellate Division of the Supreme Court of New York · Decided October 15, 1913
158 A.D. 916; 143 N.Y.S. 860
In re the Accounting of Fletcher

Opinion of the Court

Per Curiam:

The surrogate has no authority to open a default in serving printed papers on appeal to this court. The question whether the default is to be enforced and whether appellant is to be given more time to file and serve printed papers and perfect the appeal is for this court. As no reason is given why the printed papers were not filed, the motion to dismiss the appeal is granted. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.

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