People ex rel. Arfken v. York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Bernard J. York and others, commissioners of police,, constituting the board of police of the city of New York, from an order of tlie Supreme Court, made at the New York Special Term and entered in the .office of the clerk of the county of New York on the 6tli day of March, 1905, dismissing the above-entitled proceeding, and also from an order entered in said clerk's office on the 28th day of March, 1905, denying the defendants’ motion to resettle…
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Appeal by the defendants, Bernard J. York and others, commissioners of police,, constituting the board of police of the city of New York, from an order of tlie Supreme Court, made at the New York Special Term and entered in the .office of the clerk of the county of New York on the 6tli day of March, 1905, dismissing the above-entitled proceeding, and also from an order entered in said clerk's office on the 28th day of March, 1905, denying the defendants’ motion to resettle the foregoing order by inserting therein a recital that the proceeding was dismissed for failure of prosecution.
1Opinion of the Court
McLaughlin, J.:
This appeal is from an order denying, a. motion to dismiss the proceeding for want of prosecution, and also from an order denying a motion to resettle the same. The motion to dismiss was granted not for want of prosecution, but for “ the reasons given in the opinion * * * in People ex rel. Daly v. York (66 App. Div. 453).” The defendants thereupon moved to resettle the order by striking out the words quoted and inserting in place thereof words to the effect that the proceeding was dismissed for want of prosecution. This motion was denied and an appeal has been taken from both…
2Cases cited3 opinions
- Silverman v. BaruthAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Daly v. YorkAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Allen v. YorkAppellate Division of the Supreme Court of the State of New York · 1903