Matthews v. Matthews

Following the rendition by this court of its decision denying petitioner’s motion to dismiss respondent’s appeal and thereupon deciding such appeal on its merits (Matter of Matthews v. Matthews, 15 Misc 2d 419) the court received a letter dated October 21,1958, from the attorneys for the petitioner drawing attention to the fact that no opportunity had been afforded them to submit a brief on the merits of the appeal should their preliminary objection to dismiss it be overruled. The court thereupon considered the foregoing letter as an application for reargument and permitted the attorneys for…