Hyperlawhypertext legal database In re the Accounting of Fletcher 158 A.D. 916

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In re the Accounting of Fletcher

158 A.D. 916 Court N.Y. App. Div. English

Contents

Majority

p. 916
In the Matter of the Accounting of Austin B. Fletcher, as Testamentary Trustee, etc.

Headnote

Appeal — default in serving printed record — power of surrogate to excuse.
Motion to dismiss appeal.

The surrogate has no authority to open a default in serving printed papers on appeal to this court. The question whether the default is to be enforced and whether appellant is to be given more time to file and serve printed papers and perfect the appeal is for this court. As no reason is given why the printed papers were not filed, the motion to dismiss the appeal is granted. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.