In re the Board of Street Opening & Improvement
Appellate Division of the Supreme Court of the State of New York
Appeal by John Schreyer from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of February, 1898, denying his motion to vacate a judgment docketed against him in favor of James A. Deering.
1Opinion of the Court
Ingraham, J.:
As we have determined upon the appeal from the order confirming the referee’s report that the proceeding is unauthorized and must be dismissed, it follows that the judgment entered upon the order confirming the referee’s report must be vacated. It is not necessary to determine whether or not it was regular to enter a judgment upon such an order in a special proceeding. We think, however, that rule 27 of the General Rules of Practice does not authorize the entry of a formal judgment. That rule does not provide for the entry of a judgment on an order, but merely allows an order…
2Cited by3 opinions
- Deering v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1903
- Fenlon v. PaillardNew York Supreme Court · 1905
- In re the Commissioners of the Palisades Interstate ParkAppellate Division of the Supreme Court of the State of New York · 1916