Majority
p. 681In the Matter of the Accounting of Chemical Bank New York Trust Company, as Surviving Cotrustee of the Trust under the Will of Chance M. Vought, Deceased, Respondent. Harold Brown et al., Appellants; Chemical Bank New York Trust Company, as Surviving Cotrustee, Respondent; Alexander Halpern, as Executor of Chance M. Vought; Jr., Deceased, et al., Respondents. Submitted November 3, 1969; decided November 26, 1969.
Motion to amend remittitur denied. The issues tendered and basing the motion to amend remittitur are not substantial and were not raised until appellants’ motion to reargue in this
p. 682
court. A motion to amend remittitur has been denied where the constitutional issue tendered is patently insubstantial and where the constitutional issue was not raised until motion for reargument (People v. Rosario, 308 N. Y. 769 ; People v. Keshner, 305 N. Y. 553 ; but see People v. Coleman, 10 N Y 2d 1008 ). See, however, People v. Kelly ( 304 N. Y. 798 ) involving different constitutional issues raised on the main appeal and on motion for reargument. [See 25 N Y 2d 163 .]
Cases cited
- O'Day v. O'Connell 308 N. Y. 769 p. 682
- Capitol Piece Dye Works, Inc. v. Klein Coat Corp. 305 N. Y. 553 p. 682
- In re the Accounting of Chemical Bank New York Trust Co. 25 N Y 2d 163 p. 682