Legal Opinion
In re the Estate of Nowakowski
Appellate Division of the Supreme Court of the State of New York
Decided March 14, 1956PublishedCited by 8 opinions
1Opinion of the CourtKimball, J.
We heretofore affirmed the decree of the Surrogate’s Court upon the merits (Matter of Nowakowski, 284 App. Div. 655). At that time, a question arose as to whether the trial had was one before the Surrogate or before a clerk in his office and whether the determination embodied in the decree was that of the Surrogate. We stated that we were bound by the stipulated record. By way of dictum, our opinion pointed out that the trial of a contested proceeding in the Surrogate’s Court could not be conducted by a clerk of the court. We said, in reference to section 32 of the Surrogate’s Court Act,…
2Cases cited4 opinions
- Boyd v. BoydNew York Court of Appeals · 1930
- In re the Estate of NowakowskiAppellate Division of the Supreme Court of the State of New York · 1954
- In Re the Accounting of BushelNew York Court of Appeals · 1942
- In re the Accounting of FeitAppellate Division of the Supreme Court of the State of New York · 1951
3Cited by8 opinions
- Balogh v. H.R.B. Caterers, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- People v. Siu Wah TseAppellate Division of the Supreme Court of the State of New York · 1983
- People v. CarterNew York Court of Appeals · 1975
- People v. SamuelsAppellate Division of the Supreme Court of the State of New York · 1979
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1983
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