Matter of Humenn v. Valentine

Full title: In the Matter of the Application of STEPHEN G. HUMENN, Petitioner…

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

Date published: Mar 13, 1942

263 App. Div. 977 (N.Y. App. Div. 1942)

Opinion

March 13, 1942.

Appeal from Supreme Court, New York County.

PER CURIAM.

As petitioner has admitted the attempted fraud in his examination, the order should be reversed, with twenty dollars costs and disbursements, the motion denied and the petition dismissed. (See Matter of Marinick v. Valentine, 263 App. Div. 564, decided simultaneously herewith.)

Dore, Cohn and Callahan, JJ., concur; Martin, P.J., and Townley, J., dissent and vote to affirm.

Order reversed, with twenty dollars costs and disbursements, the motion denied, and the petition dismissed.