In re White
Appellate Division of the Supreme Court of the State of New York
Appeal by Josiah J. White, individually, as guardian of the person and as guardian ad litem of Frederic Hall White, an infant, from two several orders of the Supreme Court in the first above-entitled proceeding, and from two several orders in the second and third above-entitled proceedings respectively, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the lath day of August, 1904, denying motions to vacate a decree and…
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Appeal by Josiah J. White, individually, as guardian of the person and as guardian ad litem of Frederic Hall White, an infant, from two several orders of the Supreme Court in the first above-entitled proceeding, and from two several orders in the second and third above-entitled proceedings respectively, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the lath day of August, 1904, denying motions to vacate a decree and three orders made at another Special Term presided over by another justice.
1Opinion of the Court
Per Curiam :
This is an appeal from four orders of the Special Term denying motions to vacate orders made at another Special Term presided over by another justice. It is not proper practice to seek a review of one Special Term by another, as in this.case, but to appeal to an appellate court. We might with clear. authority dispose of the appeal by the application of this rule. In Clapp v. Atterbury (57 N. Y. Super. Ct. 579), which presented the question of an appeal from an order denying a motion to vacate an _ order, the, General Term said: “ The only ground on which the appellants could have…
2Cases cited1 opinion
- Platt v. New York & Sea Beach Railway Co.New York Court of Appeals · 1902
3Cited by5 opinions
- Empire Mutual Insurance v. WestAppellate Division of the Supreme Court of the State of New York · 1964
- 110 Manno Realty Corp. v. Town of HuntingtonNew York Supreme Court · 1970
- Leumi Financial Corp. v. Wydler, Balin, Pares & SolowayNew York Supreme Court · 1969
- J. J. Spurr & Sons, Inc. v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1907
- State v. CreedonAppellate Division of the Supreme Court of the State of New York · 1980