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MATTER ACCOUNTING CHEMICAL BANK NEW YORK TRUST COMPANY (11/26/69)

COURT OF APPEALS OF NEW YORK


decided: November 26, 1969.

IN THE MATTER OF THE ACCOUNTING OF CHEMICAL BANK NEW YORK TRUST COMPANY, AS SURVIVING COTRUSTEE OF THE TRUST UNDER THE WILL OF CHANCE M. VOUGHT, DECEASED, RESPONDENT. HAROLD BROWN ET AL., APPELLANTS; CHEMICAL BANK NEW YORK TRUST COMPANY, AS SURVIVING COTRUSTEE, RESPONDENT; ALEXANDER HALPERN, AS EXECUTOR OF CHANCE M. VOUGHT, JR., DECEASED, ET AL., RESPONDENTS

The issues tendered and basing the motion to amend remittitur are not substantial and were not raised until appellants' motion to reargue in this court. A motion to amend remittitur has been denied where the constitutional issue tendered is patently insubstantial and where the constitutional issue was not raised until motion for reargument (People v. Rosario, 308 N. Y. 769; People v. Keshner, 305 N. Y. 553; but see People v. Coleman, 10 N.Y.2d 1008). See, however, People v. Kelly (304 N. Y. 798) involving different constitutional issues raised on the main appeal and on motion for reargument. [See 25 N.Y.2d 163.]

Disposition

Motion to amend remittitur denied.

19691126

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