Claim of O'Hare v. City of Buffalo — 239 N.Y. 513

Majority

p. 513

In the Matter of the Claim of Anna M. O’Hare, Respondent, against The City of Buffalo, Appellant. In the Matter of the Claim of Hazel Phelps, Respondent, against The City of Buffalo, Appellant.

Headnote

Buffalo (city of ) — claim against city for personal injurie s — authority of court to extend time for personal examination under section 344 of charter.

Matter of O’Hare v. City of Buffalo, 209 App. Div. 847 , affirmed.

Matter of Phelps v. City of Buffalo, 209 App. Div. 847 , affirmed.

(Argued September 29, 1924;

decided October 14, 1924.)

Appeal, in each of the above-entitled actions, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 7, 1924, which affirmed an order of Special Term directing the corporation counsel of the city of Buffalo to examine the claimant and extending the time within which to conduct such examination.

The following question was certified: “ Did the judge here have discretionary power under section 344 of the charter of the city of Buffalo to grant an extension of the examination period specified therein? ”

Frederic C. Rupp, Corporation Counsel (Gregory U. Harmon of counsel), for appellant.

Harry E. Harding for respondents.

p. 514

Order in each case affirmed, with costs; question certified answered in the affirmative; no opinion.

Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ. Absent: Lehman, J.