People ex rel. White v. Dike — 147 N.Y.S. 1135

Majority

p. 1135

PEOPLE ex rel. WHITE v. DIKE, Judge of County Court.

(Supreme Court, Appellate Division, Second Department.

May 15, 1914.)

Headnote

Proceeding by the People of the State of New York, on the relation of Josiah J. White, against Norman S. Dike, as Judge of the County Court Of the County of Kings.

On April 10, 1914, by the decision then made, relator was advised that his motion papers were incomplete. 1The defect was pointed out, and he was given an opportunity to renew the motion upon supplying the necessary papers. This would, of course, involve again serving respondent with a complete set of the new motion papers. Instead of accepting the suggestion, he moved for a reargument upon the same motion papers previously submitted. In his brief upon the motion for reargument, relator states that the papers dedared by our previous decision to be necessary have been lost. If that is so, he may be unfortunate; but we can afford him no relief. Motion denied. See, also, 147 N.Y. Supp. 1135W