December 17, 1964
Motion for a stay of proceedings denied and appeal dismissed on the ground that the order sought to be reviewed is not appealable ( Matter of Ryan [ Hogan], 306 N.Y. 11). Our decision, which is based upon jurisdictional considerations, is not intended to indicate approval of the procedure adopted by the County Court. Gibson, P.J., Herlihy, Reynolds and Aulisi, JJ., concur.
Full title:In the Matter of PIERCE H. RUSSELL, as District Attorney, Respondent, v…
Court:Appellate Division of the Supreme Court of New York, Third Department
Date published: Dec 17, 1964
Proof of abandonment must be "clear and unequivocal of acts decisive and conclusive." Duryea v. Elkhorn Coal…
Stewart v. Bleau's EstateWhile the cases do not all support the appellant's contention, it is undoubtedly the prevailing rule that by…