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MATTER HYMAN BERNSTEIN v. JASON R. NATHAN (06/20/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


June 20, 1968

IN THE MATTER OF HYMAN BERNSTEIN
v.
JASON R. NATHAN

Concur -- Steuer, J. P., Capozzoli, Tilzer, Rabin and Macken, JJ.

Motion by petitioner to proceed upon the original record is dismissed without prejudice. Not only was the notice of motion not timely served (CPLR 2214, subd. [b]; 2103, subd. [b], par. 2) but in addition the papers fail to apprise the court of the nature of the appeal and do not contain either a copy of the notice of appeal or, as the case may be, a copy of the order transferring the article 78 proceeding to this court.

19680620

© 1998 VersusLaw Inc.



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