Palmer v. State — 155 N.Y.S. 1129

Majority

p. 1129

PALMER et al. v. STATE.

(Supreme Court, Appellate Division, Third Department.

October 1, 1915.)

Headnote

Action by Lowell M. Palmer and others against the State of New York.

Motion for reargument denied, upon the ground that in the absence of the Attorney General from his office it was necessary, in order to limit the time to appeal, to serve upon a Deputy Attorney General, if present, and in.case,of the absence of both the Attorney General and deputies only is service authorized upon the clerk. Motion for leave to appeal to the Court of Appeals granted, and question certified: Was the service of the copy judgment of the Court of Claims herein, with notice of the clerk of the entry thereof on the 30th day of March, 1915, sufficient to set running the time within which the state was reqúired to appeal, so as to render the service of a notice of appeal after the lapse of 30 days from the time of service of such judgment and notice of entry ineffectual? See, also, 154 N. Y. Supp. 1136 .

HOWARD, J., dissents from denial of motion for reargument.