In re Porter
Appellate Division of the Supreme Court of the State of New York
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
- Putney v. FlaglerAppellate Division of the Supreme Court of the State of New York · 1898