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Matter of Conway v. Taylor

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 1963
19 A.D.2d 603 (N.Y. App. Div. 1963)

Opinion

June 13, 1963


Order, entered on February 18, 1963, granting respondents' motion to dismiss the petition, unanimously affirmed, without costs. Section 145 of the Civil Court Act provides that "the stenographer's original transcript of minutes must be furnished to the clerk". Rule XXIX of the Rules of the New York Civil Court requires that "Within ten days after the fees of the court reporter * * * have been paid, the court reporter shall file a certified copy of such transcript with the clerk". Accordingly, the petitioner may neither compel the reporter to deliver the transcript to him nor compel delivery prior to payment. It should be noted, however, that section 177 of the New York Civil Court Act expressly provides that "the stenographer's fees for making up such transcript shall be 30 cents for every one hundred words actual count". The language is clear and it means that such is the permissible charge and no more. A charge made per page or per folio is not in accordance with the statute.

Concur — Rabin, J.P., McNally, Stevens, Eager and Bergan, JJ.


Summaries of

Matter of Conway v. Taylor

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 1963
19 A.D.2d 603 (N.Y. App. Div. 1963)
Case details for

Matter of Conway v. Taylor

Case Details

Full title:In the Matter of GEORGE J. CONWAY, Appellant, v. EVELYN TAYLOR et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 13, 1963

Citations

19 A.D.2d 603 (N.Y. App. Div. 1963)

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