In re the Accounting of Rifle
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKimball, J.
We have recently had occasion to comment upon the method of taking proof by testimony in proceedings in Surrogate’s Courts under the several provisions contained in section 32 of the Surrogate’s Court Act. (Matter of Nowakowski, 1 A D 2d 250.) A similar situation was here presented. The testimony of the witnesses was taken before the clerk of the *260court whose only authority was 1 ‘ to take under oath and report the testimony ” and who had no authority to pass upon the issues involved. (Surrogate’s Ct. Act, § 32, subd. 10.) The memorandum decision was over the signature of the Surrogate. The…
2Cases cited7 opinions
- Robinson v. . MunnNew York Court of Appeals · 1924
- Van Slooten v. WheelerNew York Court of Appeals · 1893
- Frankenberger v. SchnellerNew York Court of Appeals · 1932
- In re the Estate of DitsonNew York Surrogate's Court · 1941
- In re the Judicial Settlement of the Account of Proceedings of TrazenfeldAppellate Division of the Supreme Court of the State of New York · 1940
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3Cited by21 opinions
- Morone v. MoroneNew York Court of Appeals · 1980
- Moors v. HallAppellate Division of the Supreme Court of the State of New York · 1988
- Umscheid v. SimnacherAppellate Division of the Supreme Court of the State of New York · 1984
- Tesser v. Allboro Equipment Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Trimmer v. Van BomelNew York Supreme Court · 1980
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