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In re the Intermediate Accounting of Van Dyk Berg

35 N.Y.2d 966 Court N.Y. Decision date 1974-12-20 English

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p. 966
In the Matter of the Intermediate Accounting of Peter Van Dyk Berg, as Executor of H. Gilmer Wells, Deceased. Stephen G. Wells, Respondent; Nancy S. Wells, Appellant.
Submitted November 25, 1974;
decided December 20, 1974.

Motion to dismiss the appeal granted and appeal dismissed, with costs and $10 costs of motion, upon the ground that no substantial constitutional question is involved on the appeal since none was properly raised in the courts below (Rector of Church of Holy Trinity v. Melish, 301 N. Y. 679 ; Cohen and Karger, Powers of the New York Court of Appeals, § 55, subd. [b], p. 251).

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