Matter of City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 13, 1910, which granted the petition of the respondent herein, presented in the first instance to said Appellate Division, and directed the payment to said petitioner of certain moneys, constituting a special fund in the hands of the chamberlain of the city of New York, after the payment therefrom of the expenses of the proceeding.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 13, 1910, which granted the petition of the respondent herein, presented in the first instance to said Appellate Division, and directed the payment to said petitioner of certain moneys, constituting a special fund in the hands of the chamberlain of the city of New York, after the payment therefrom of the expenses of the proceeding. The facts, so far as material, are stated in the opinion. The Appellate Division had no jurisdiction to grant the peth tion of the city of New York.…
1Opinion of the CourtChase, J.
When the surrogate of the county of New York was about to retire from office, December 31, 1869, he reported by letter to the surrogate-elect that a former assistant surrogate, duly appointed by the board of supervisors of the county of New York in 1863, had received and appropriated to his own use the moneys of certain estates, a detailed statement of which was attached to the letter, amounting in the aggregate to $33,079.65. The snrrogate-elect, upon taking office, sent a communication to the board of supervisors of the county, apprising it of the defalcation and attached to his…
2Cases cited1 opinion
- In re the Judicial Settlement of the Accounts of Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- In re PeopleNew York Supreme Court · 1918
- In re the Estate of BergaminiNew York Surrogate's Court · 1930
- Moufang v. StateAppellate Division of the Supreme Court of the State of New York · 1945