General

Henry C. Howard et al., Appellants, v. The City of Rochester, Respondent

161 N.Y. 629·New York Court of Appeals·1899·NY

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Opinion

Henry C. Howard et al., Appellants, v. The City of Rochester, Respondent. Howard v. Oity of Rochester, 38 App. Div. 633, appeal dismissed. (Submitted December 11, 1899; decided December 15, 1899.) Motion to dismiss an appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 31, 1898, affirming a judgment in favor of the defendant entered upon the report of a referee. The motion was made upon the ground that the notice of appeal was not served within one year after entry of final judgment and that the undertaking on appeal had not been filed within that time. John F. Kinney for motion. S. P. Moore opposed. [MAJORITY] Motion granted and appeal dismissed, without costs.