Ploof v. Somers

Full title: CLIFFORD J. PLOOF, Appellant, v. MERLE C. SOMERS et al., Respondents

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

Date published: Nov 15, 1950

277 App. Div. 1076 (N.Y. App. Div. 1950)

Opinion

November 15, 1950.

Appeal from Supreme Court, Albany County.

Present — Foster, P.J., Brewster, Deyo, Bergan and Coon, JJ.

Plaintiff contends that he is entitled to this preference by reason of the fact that he is receiving public assistance from Albany County. This department has not adopted any hard and fast rule in this respect, such as apparently prevails elsewhere in the State. The Justice presiding at Trial Term is entrusted with wide discretion in the control of the calendar. We find no abuse of this discretion in the record before us. Order unanimously affirmed, with $10 costs to the defendants to abide the event.