Palmer v. . the State of New York
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 6, 1915, which denied a motion to dismiss an appeal by the state from a judgment of the Court of Claims.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 6, 1915, which denied a motion to dismiss an appeal by the state from a judgment of the Court of Claims. The following question was certified: “ Was the service of the copy judgment of the Court of Claims herein with notice of the clerk of the entry thereof on the 30th day of March, 1915, sufficient to set running the time within which the state was required to appeal so as to render the service of a notice of appeal after the lapse of thirty days from the time of…
1Per curiam
' The question certified to us by the Appellate Division is not in such a form as to enable us to answer it. We are asked to say whether the service of the judgment was sufficient to start running the time within which the state was required to appeal. The answer to that question depends upon the choice to be made between conflicting versions of the transaction. If we accept as correct the affidavits submitted by the claimants, we may be led to one answer; if we accept as correct the affidavits submitted by the state, we may be led tó another. We are without power to decide a question, even…
2Cases cited2 opinions
- Matter of WesterfieldNew York Court of Appeals · 1900
- Neresheimer v. . SmythNew York Court of Appeals · 1901
3Cited by2 opinions
- In Re the Transfer Tax Upon the Estate of MartinNew York Court of Appeals · 1916
- Finnegan v. . BuckNew York Court of Appeals · 1921