Parascandola v. Auditore — 242 N.Y. 571

Majority

p. 571

Guisippina Parascandola, as Administratrix with the Will Annexed of Joseph Auditore, Deceased, Plaintiff, v. Frank Auditore, Individually and as Administrator with the Will Annexed of Joseph Auditore, Deceased, Appellant, and Auditore Contracting Co., Inc., Respondent, Impleaded with Others.

Headnote

Appeal —■ permission to appeal on certified questions granted by Appellate Division — appeal dismissed for failure to perfect same within thirty days after leave was granted.

Parascandola v. Auditore, 215 App. Div. 277 , appeal dismissed.

(Submitted March 29, 1926;

decided April 6, 1926.)

Motion to dismiss an appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 15, 1926, which reversed two orders of Special Term, one

p. 572

of which refused to grant leave to the respondent to issue an execution against the person of Frank Auditore and the other of which vacated an execution which had been issued against him.

The motion was made upon the ground that said appeal had not been perfected within the time prescribed by law.

John J. Kean for motion.

John B. Johnston opposed.

Appeal dismissed, with costs and ten dollars costs of motion.