Legal Opinion

O'Kelly v. Hill

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

Decided October 27, 1939PublishedCited by 2 opinions

1Per curiam

The petitioner was only entitled to “ an opportunity of making an explanation ” (Dom. Rel. Ct. Act, §§ 16 and 17) after due notice upon written charges. (People ex rel. Lee v. Waring, 1 App. Div. 594; affd., 149 N. Y. 621; People ex rel. Throckmorton v. McCartney, 28 App. Div. 138; People ex rel. McNeile v. Glynn, 128 id. 257; People ex rel. Conti v. Kempner, 144 id. 339.) Since it is conceded that there was full compliance with these conditions, the determination should be confirmed, with fifty dollars costs and disbursements, and the petition dismissed.

Present — Martin, P. J., O’Malley,…

2Cases cited2 opinions

  1. People ex rel. Lee v. WaringAppellate Division of the Supreme Court of the State of New York · 1896
  2. People ex rel. Throckmorton v. McCartneyAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by2 opinions

  1. O'Kelly v. HillAppellate Division of the Supreme Court of the State of New York · 1939
  2. O'Kelly v. HillAppellate Division of the Supreme Court of the State of New York · 1940

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