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Polito v. Pitriello

Court of Appeals of the State of New York
Oct 12, 1909
89 N.E. 1096 (N.Y. 1909)

Opinion

Submitted October 4, 1909

Decided October 12, 1909

Peter J. McGoldrick for motion.

K.C. McDonald and M.V. McDonald opposed.


This is a motion to restore the appeal in this proceeding to the calendar, it having been dismissed under rule one for failure to file a return as therein required.

It appears that the justification of sureties executing the undertaking on the appeal is still pending and undetermined in the Supreme Court.

The filing of a return cannot be compelled until the appeal is fully perfected.

The motion should be granted, without costs.

CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT, HISCOCK and CHASE, JJ., concur.

Motion granted.


Summaries of

Polito v. Pitriello

Court of Appeals of the State of New York
Oct 12, 1909
89 N.E. 1096 (N.Y. 1909)
Case details for

Polito v. Pitriello

Case Details

Full title:EMANUEL POLITO et al., Constituting the Firm of POLITO BROTHERS…

Court:Court of Appeals of the State of New York

Date published: Oct 12, 1909

Citations

89 N.E. 1096 (N.Y. 1909)
89 N.E. 1096