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23 Misc. 477

Bliss v. Coryell

Appellate Terms of the Supreme Court of New York · decided 1898-05-15

<p>Appeal to Appellate Term — Eeview of final order In summary pro-, ceedings.</p> <p>Where a review is sought of a final order in summalry proceedings, the return should show all that took place before .the justice prior to his signing the order, but matters which transpired thereafter cannot be considered nor be made a part of the return.</p>

Decided 1898-05-15

Per Curiam.

¶1We think that the return in this case should! be amended so as to set forth all that took place before the justice prior to the signing of the final order. We are satisfied that we have nothing to do with anything which took place in the matter thereafter, in view of the fact that the only appeal which can be taken to this court in summary proceedings is from such order. Where a review of the, final order is sought, matters which transpired after it was made cannot, therefore, be relevant to the question of the propriety of such order, which must stand or fall only upon the proceedings which were terminated by its entry.

¶2The motion is, therefore, granted to the extent above specified.

¶3Present: Beekman, P. J., Gildersleeve and Giegerich, JJ.

¶4Motion granted to extent above specified.

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