Legal Opinion
Soop v. Burhans
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1905PublishedCited by 1 opinion
Appeal by the petitioner, Henry C. Soop, as agent and attorney of the estate of Thomas Cornell, from an order of the County Court of Ulster county, entered in the office of the clerk of the county of Ulster on the 30th day of March, 1905, reversing a final order of the City Court of the city of Kingston in summary proceedings instituted by a landlord to recover possession of demised real estate,.
1Opinion of the Court
Chase, J.:
This appeal should he dismissed. The right to appeal to the Appellate Division in a special proceeding is given by sections 1356 .and 1357 of the Code of Civil Procedure, which are as follows:
“ § '1356. Appeal from order made in the same court.— An appeal- may be taken to the Appellate Division of the Supreme Court from an order affecting a substantial right, made in a special proceeding, at a Special Term or a Trial Term of the Supreme Court; or made by a justice thereof in a special proceeding instituted before him, pursuant to a special statutory provision; or. instituted before…
2Cases cited1 opinion
- Rafferty v. MurrayAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Barrus v. ParsonsAppellate Division of the Supreme Court of the State of New York · 1905