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Matter of Cohen v. Birnbaum

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1984
104 A.D.2d 471 (N.Y. App. Div. 1984)

Opinion

August 23, 1984

Appeal from the Supreme Court, Nassau County (Vitale, J.).


Appeal dismissed, without costs or disbursements.

This appeal presents mixed questions of law and fact. Although a hearing at which testimony was taken and during which certain stipulations were entered into was conducted before Special Term, no transcript of the hearing was submitted. Under the circumstances here present, this court does not have a sufficient basis to review Special Term's determination and the appeal must be dismissed (see Matter of Hutchinson v McNab, 96 A.D.2d 919). Brown, J.P., Rubin, Lawrence and Eiber, JJ., concur.


Summaries of

Matter of Cohen v. Birnbaum

Appellate Division of the Supreme Court of New York, Second Department
Aug 23, 1984
104 A.D.2d 471 (N.Y. App. Div. 1984)
Case details for

Matter of Cohen v. Birnbaum

Case Details

Full title:In the Matter of BERNARD D. COHEN, Appellant, v. EDWARD L. BIRNBAUM et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 23, 1984

Citations

104 A.D.2d 471 (N.Y. App. Div. 1984)

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