Legal Opinion

Jenks v. Murphy

Appellate Division of the Supreme Court of the State of New York

Decided June 25, 1964PublishedCited by 15 opinions

1Per curiam

In view of the continuing confusion relating to applications by appellants in civil actions or proceedings for leave to present appeals as alleged “ poor persons ” we express our views as to the proper procedure. Subdivision (a) of 1101 CPLR provides that ‘ ‘ the court in which an action is triable, or to which an appeal has been or will be taken, may grant permission to proceed as a poor person ”. While differently worded, the Civil Practice Act (§ 198-a) contained a similar provision. (Of. 2 Weinstein-Korn-Miller, N. Y. Civ. Prac., § 1101.03.)

In the typical motion in this court for such…

2Cases cited1 opinion

  1. Rosetano v. StateNew York Court of Claims · 1955

3Cited by15 opinions

  1. In re CarrollAppellate Division of the Supreme Court of the State of New York · 1976
  2. In re HeyshamNew York City Family Court · 1986
  3. In re Southern Tier Legal ServicesNew York Supreme Court · 1979
  4. Bush v. McCombAppellate Division of the Supreme Court of the State of New York · 1979
  5. Ferro v. BersaniAppellate Division of the Supreme Court of the State of New York · 1979

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