Legal Opinion

Town of Hempstead v. Listengart

New York Supreme Court

Decided April 8, 1949Published

1Opinion of the CourtHallinan, J.

In this condemnation proceeding, which was brought in the County Court of Nassau County, defendants moved for an order dismissing the petition pursuant to rule 107 of the Rules of Civil Practice. Said motion came on to be heard before the County Judge on December 15,1948. Before a decision was rendered or an order signed, the County Judge became ill and he filed a certificate that he was incapacitated from holding court during the period from December 29, 1948, to December 30, 1948, inclusive. By similar certificates the period was extended to and including March 18, 1949. In said…

2Cases cited2 opinions

  1. In re MungerAppellate Division of the Supreme Court of the State of New York · 1896
  2. Queens-Nassau Mortgage Co. v. GrahamAppellate Division of the Supreme Court of the State of New York · 1913

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