In re Cullinan
Appellate Division of the Supreme Court of the State of New York
. Appeal by Joseph, J. Maher from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Schenectady on the 14th day of July* 19051, appointing a referee, and also^ from an order entered in said clerk’s office on the 1st day of September, 1905, denying the appellant’s motion to set aside "and vacate said order of reference.
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. Appeal by Joseph, J. Maher from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Schenectady on the 14th day of July* 19051, appointing a referee, and also^ from an order entered in said clerk’s office on the 1st day of September, 1905, denying the appellant’s motion to set aside "and vacate said order of reference. The petitioner asked for the revocation of the liquor tax certificate issued to said Maher. Upon the filing of the petition on June 30, 1905, an order to, show cause was granted and upon the return of that…
1Opinion of the Court
Smith,. J.:
The appeal from the order made at the Saratoga Special Term held by Mr. Justice Kellogg, refusing to set aside the order of reference, is not well taken. One Special Term has no power to review the order of another Special Term. Such review can only be had upon appeal.
The appeal from the order of -reference presents a more difficult question. The law now provides that upon the presentation of a petition and of an answer raising a material issue, “ the said justice, judge or court shall hear the proofs of the parties in relation to the allegations of the petition or answer.” (Liquor…
2Cases cited2 opinions
- Drake v. . SeamanNew York Court of Appeals · 1884
- In re LawsonAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- In re the Contract for Constructing the Hudson Water WorksAppellate Division of the Supreme Court of the State of New York · 1906
- Wayne Iron Ore Co. v. Ontario Mineral Co.New York Supreme Court · 1917