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Matter of 300 Broadway Realty Corporation

Appellate Division of the Supreme Court of New York, Third Department
May 16, 1962
16 A.D.2d 861 (N.Y. App. Div. 1962)

Opinion

May 16, 1962


Order of April 27, 1962 vacated and stay of March 14, 1962, reinstated. The letter of appellant's attorney stating he was withdrawing the appeal did not itself terminate the appeal which can be discontinued only on our order. Either party may now submit an order discontinuing the appeal which order shall provide that the time fixed by the order of the Special Term appealed from to file an amended statement of lien be extended to five days from the notice of entry of such order of discontinuance. On an appeal from an order allowing an appellant an alternative of performing some further act within a given time, it is the usual practice on affirmance to extend the time; and upon discontinuance of appeal the same result would follow as a matter of course. Bergan, P.J., Coon, Gibson, Reynolds and Taylor, JJ., concur.


Summaries of

Matter of 300 Broadway Realty Corporation

Appellate Division of the Supreme Court of New York, Third Department
May 16, 1962
16 A.D.2d 861 (N.Y. App. Div. 1962)
Case details for

Matter of 300 Broadway Realty Corporation

Case Details

Full title:In the Matter of 300 BROADWAY REALTY CORPORATION. AMERICAN CONTRACTING…

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

Date published: May 16, 1962

Citations

16 A.D.2d 861 (N.Y. App. Div. 1962)