Matter of Holtzman v. Power

Full title: In the Matter of ELIZABETH HOLTZMAN et al., Respondents, v. JAMES M. POWER…

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

Date published: Jun 10, 1970

34 A.D.2d 917 (N.Y. App. Div. 1970)

Opinion

June 10, 1970

Judgment appealed from affirmed, without costs and without disbursements. [ 62 Misc.2d 1020.]

Concur — Stevens, P.J., Markewich and Steuer, JJ.; McGivern, J., dissents in the following memorandum:

I dissent and would reverse in accordance with the views previously expressed on this issue by Mr. Justice GELLINOFF. (See Matter of Holtzman [ Power], N.Y.L.J., May 21, 1970, p. 2, col. 4.)