In re the Summary Proceedings by Phillips v. Hogan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elizabeth J. Hogan, from an order of the County Court of Albany county, entered in the office of the clerk of said county on the 31st day of March, 1910, dismissing an appeal from a judgment of the City Court of Albany dispossessing the defendant in summary proceedings, and also (as stated in the notice of appeal) from a judgment of said County Court entered on the 31st day of March, 1910, pursuant to such order, dismissing the appeal as aforesaid.
1Opinion of the Court
Smith, P. J.:
This appeal raises two questions: First, whether in an appeal from the final order of dispossession in summary proceedings granted by the City Court of Albany the appellant to perfect his appeal is required to pay any costs. The second question goes to the power of the County Court on motion to dismiss an appeal not perfected.
The second question requires little discussion. If the appeal be not perfected it is not in County Court for argument, nevertheless, it is in form in County Court until dismissed, and the County Court alone has power in the first instance to determine…
2Cited by3 opinions
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- Benjamin v. BrownsteinAppellate Terms of the Supreme Court of New York · 1913
- Stevens v. StateNew York Court of Claims · 1950