In re the Appointment of a Committee of the Estate of Marsh

Treating this application as one to be relieved from the effect of a prior order, entered through mistake, inadvertence or excusable neglect, it is not barred by section 108 of the Civil *291Practice Act, because of the one-year limitation therein. The court has inherent power beyond a one-year period to relieve from such an order or judgment to avoid miscarriage of justice. (Ladd v. Stevenson, 112 N. Y. 325; Hatch v. Central National Bank, 78 id. 487; Cimpritz v. Borden’s Farm Products Co., Inc., 240 App. Div. 778.)

The application was not identical with that made at the prior Special Term and…