Smith v. State — 309 N.Y. 769

Majority

p. 769

Albert G. Smith, Appellant, v. State of New York, Respondent.

Submitted July 8, 1955;

decided July 8, 1955.

p. 770

Jacob K. Javits, Attorney-General (Richard H. Shepp of counsel), for motion.

No one opposed.

Motion granted and appeal dismissed, unless within ten days appellant serves and files the required undertaking on appeal and pays $10 costs, in which events motion denied. We consider the appeal to be taken from the judgment entered in the office of the Clerk of the Court of Claims and disregard as a misdescription the recital contained in the notice of appeal.