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21 A.D. 475

Wetter v. Erichs

Appellate Division of the Supreme Court of the State of New York · decided 1897-10-15

<p> Extensions of time to serve appeal papers—they must be applied for in the court below, not in the Appellate Division. </p> <p>Appellants who desire extensions of time to enable them to serve their appeal papers must apply to the court below, as the Appellate Division will not entertain such applications.</p>

Decided 1897-10-15

Per Curiam :

¶1This court, as long ago as October, 1896, when the case of Gamble v. Lennon (9 App. Div. 407) was decided, declared that ■ where parties desired extensions for the purpose of serving their papers upon appeal, applications therefor must be made to the court below,, and that such applications would not be ■ entertained by the Appellate Division.

¶2The appellants in the above-entitled motions having made no attempt to get tlieir time to serve their papers extended, or to have their defaults opened, their appeals must be dismissed, with.ten dollars costs in each case.

¶3Present—Van Brunt, P. J., Barrett, Rumsey, Williams and Patterson, JJ.

¶4Motions granted, with ten dollars costs.

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