General

In the Matter of the Petition of Thomas Voke et al., Respondents, for Surplus Moneys. John W. Winter, Appellant

189 N.Y. 540·New York Court of Appeals·1907·NY

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Opinion

In the Matter of the Petition of Thomas Voke et al., Respondents, for Surplus Moneys. John W. Winter, Appellant. Matter of Voice, 118 App. Div. 917, appeal dismissed.' (Argued September 30, 1907; decided October 8, 1907.) Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 19, 1907, which affirmed an order of Special Term directing distribution of certain surplus moneys arising upon the foreclosure of a mortgage. The motion was made upon the ground that the appellant had failed to perfect the appeal by filing the required undertaking. George Barrow for motion. Martin F. DilLon opposed. [MAJORITY] Motion granted and appeal dismissed, with costs, and ten dollars costs of motion.