From Casetext: Smarter Legal Research

People ex Rel. Brooklyn Paramount Corp. v. Sexton

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1938
255 App. Div. 1011 (N.Y. App. Div. 1938)

Opinion

December 23, 1938.


Order adjudging appellants in contempt for failure to file a return to a writ of certiorari, and order denying appellants' motion to quash the writ on the ground that the court lacked jurisdiction, affirmed, without costs. Appellants may purge themselves of the contempt by filing and serving a certified return of their proceedings within sixty days from the entry of the order hereon. The application does not adequately set forth the ground of objection to the assessment and, in our opinion, would be insufficient to entitle the applicant to a hearing if the board objected; but the application having been heard and a decision made thereon, it must be held that the inadequacy of the application has been waived. Lazansky, P.J., Davis, Adel, Taylor and Close, JJ., concur.


Summaries of

People ex Rel. Brooklyn Paramount Corp. v. Sexton

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1938
255 App. Div. 1011 (N.Y. App. Div. 1938)
Case details for

People ex Rel. Brooklyn Paramount Corp. v. Sexton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. BROOKLYN PARAMOUNT…

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

Date published: Dec 23, 1938

Citations

255 App. Div. 1011 (N.Y. App. Div. 1938)

Citing Cases

People ex Rel. Irving Trust Co. v. Miller

We think the defect complained of herein was procedural and not jurisdictional and was waived by respondents…