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Matter of Haeberle

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 1958
5 A.D.2d 1049 (N.Y. App. Div. 1958)

Opinion

April 30, 1958

Appeal from the Niagara Surrogate's Court.

Present — McCurn, P.J., Kimball, Williams, Bastow and Halpern, JJ.


Order modified by striking from the first ordering paragraph the words "without prejudice to the renewal of said motion for consolidation in the Supreme Court to which trial of the issues in this proceeding will be transferred," and by striking from the second ordering paragraph the words "without prejudice to the contestants, hereafter to make application to the Supreme Court for a revision of this ordering paragraph," and as so modified, affirmed, without costs of this appeal to any party. Memorandum: In the exercise of discretion the motion for consolidation should be denied. The Surrogate had no authority to transfer the question for decision to the Supreme Court and, therefore, that portion of the order should be deleted as surplusage. All concur.


Summaries of

Matter of Haeberle

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 30, 1958
5 A.D.2d 1049 (N.Y. App. Div. 1958)
Case details for

Matter of Haeberle

Case Details

Full title:In the Matter of the Probate of the Will of BARBARA C. HAEBERLE, Deceased…

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

Date published: Apr 30, 1958

Citations

5 A.D.2d 1049 (N.Y. App. Div. 1958)