Stevens v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBergan, J.
The statute regulating, appeals to this court from the Court of Claims provides two alternative methods for the service of the order or judgment which begins the running of time against the taking of an appeal (Court of Claims Act, § 25).
One method is consonant with the usual practice in the Supreme Court, by the service upon the adverse party or his attorney of the judgment with notice of entry. (Cf. Civ. Prac. Act, § 612.)
The alternative method is one peculiar to the Court of Claims. It is by the ‘ ‘ service by the clerk ” of a ‘ ‘ certified copy ’ ’ of the order or judgment. An appeal must…
2Cases cited4 opinions
- Rathbun v. AckerNew York Supreme Court · 1854
- McDermott v. Board of Police for Metropolitan Police DistrictNew York Supreme Court · 1857
- Morris v. MorangeNew York Supreme Court · 1863
- Mechanic's Lien of Boland v. SokolskiNew York Supreme Court · 1907