McKeon v. Sherman — 152 N.Y.S. 435

Majority

p. 435

McKEON v. SHERMAN (two cases).

(Supreme Court, Appellate Division, First Department.

April 1, 1915.)

Headnote

Appeal and Erbob @=>564—Service of Case—Motion to Extend Time—Jurisdiction.

An application for an order to extend the time to serve the case, is not within the jurisdiction of the appellate court, but must be made at Special Term.

[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 2501-2506, 2555-2559; Dee. Dig. @=>564.]

Actions by Wilhelmina McKeon and by Charles C. McKeon against David Sherman. Judgments for defendant. Motions to extend time to serve case on appeal denied.

Argued before INGRAHAM, P. J., and CLARKE, SCOTT, DOWLING, and HOTCHKISS, JJ.

Harry M. Burr, of New York City, for the motion.

Nadal, Jones & Mowton, of New York City, opposed.

An application for an order to extend the time to serve a case must be made at Special Term, as that question is entirely within the cognizance of the Special Term, and not of the appellate court. The question is different as to the time within which either the printed papers or the briefs must be filed. The objection is taken by the respondent that no order should be made here extending the plaintiffs' time to file the case.

The motions are therefore denied, without costs, and without prejudice to an application to the Special Term.