Breslow v. Serota

¶1The mere statement of counsel that in his opinion the appeal would succeed does not show that the appeal is meritorious, and, therefore, is not a compliance with rule XII of this Department. The motion to dismiss the appeal is granted, with ten dollars costs, without prejudice to a motion upon proper papers to be relieved from the order of dismissal. Present — Jenks, P. J., Mills, Putnam, Blackmar and Kelly, JJ.