Appellate Division of the Supreme Court of New York, 1939

O'Kelly v. Hill

Appellate Division of the Supreme Court of New York · Decided October 27, 1939

257 A.D. 631; 15 N.Y.S.2d 16; 1939 N.Y. App. Div. LEXIS 7834

Counsel

Peter L. F. Sabbatino of counsel [Edward J. Fontana with him on the brief], for the petitioner., Henry J. Shields of counsel [Paxton Blair with him on the brief; William C. Chanler, Corporation Counsel], for the respondent.

Opinion of the Court

Per Curiam.

The petitioner was only entitled to “ an opportunity of making an explanation ” (Dom. Rel. Ct. Act, §§ 16 and 17) after due notice upon written charges. (People ex rel. Lee v. Waring, 1 App. Div. 594; affd., 149 N. Y. 621; People ex rel. Throckmorton v. McCartney, 28 App. Div. 138; People ex rel. McNeile v. Glynn, 128 id. 257; People ex rel. Conti v. Kempner, 144 id. 339.) Since it is conceded that there was full compliance with these conditions, the determination should be confirmed, with fifty dollars costs and disbursements, and the petition dismissed.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Determination unanimously confirmed, with fifty dollars costs and disbursements, and the petition dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.