In re the Intermediate Accounting of Fitz-Gerald

New York Court of Appeals November 13, 1958

In re the Intermediate Accounting of Fitz-Gerald, 5 N.Y.2d 846 (N.Y. 1958)

155 N.E.2d 671; 181 N.Y.S.2d 788; 1958 N.Y. LEXIS 735

Opinion of the Court

Motion dismissed.

Cross motion granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that the appealable paper was the order of the Appellate Division of July 11, 1958, and not the order entered in the Surrogate’s Court (Civ. Prac. Act, § 591, subd. 2, as amd. by L. 1953, ch. 417; see Matter of Noble, 2 N Y 2d 725) and that the time to appeal from such order of the Appellate Division has expired (Civ. Prac. Act, § 592, subd. 1).

Reference

Full Case Name: In the Matter of the Intermediate Accounting of Gerald Fitz-Gerald, as Trustee under the Will of Alexander Morten, In the Matter of the Accounting of Marjory Morten, as Trustee under the Will of Alexander Morten, Marjory Morten, Appellants Gerald Fitz-Gerald
Status: Published