Matter of Acosta v. Previte

Full title: In the Matter of FRANK ACOSTA et al., Appellants, v. JOSEPH J. PREVITE et…

Court: Court of Appeals of the State of New York

Date published: Apr 2, 1976

39 N.Y.2d 720 (N.Y. 1976)

384 N.Y.S.2d 765

349 N.E.2d 865

Opinion

Argued April 1, 1976

Decided April 2, 1976

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MARTIN B. STECHER, J.

Philip Zichello and Stanley E. Michels for appellants.

Kenneth G. Schwarz for respondents.

MEMORANDUM. In the procedural posture in which this proceeding comes to us we review questions of law only (CPLR 5501, subd [b]). Petitioners did not sustain their burden of proving the invalidity of the petition, either by proof of permeating fraud or of such other irregularities as to nullify it. The order of the Appellate Division should be affirmed.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed, without costs, in a memorandum.