Legal Opinion

In re Porter

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

Decided May 7, 1898PublishedCited by 1 opinion

Ex parte application in the matter of Jane A. Porter, an incompetent, to vacate injunction.

1Per curiam

We are of opinion that the proceeding to remove ■a committee of the person and estate of an incompetent person is not a part of the original proceeding by which such committee was appointed. Consequently, the proceeding instituted for the former purpose in Kings county, in the Second judicial district, and the one in the county of Erie, in the Eighth judicial district, are independent proceedings. An order, therefore, in one proceeding, staying the prosecution of the other proceeding, is, in substance and effect, an injunction, and not a stay. The orders granted in the county of Erie on the…

2Cited by1 opinion

  1. Putney v. FlaglerAppellate Division of the Supreme Court of the State of New York · 1898

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