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245 A.D. 79

Morgan v. Halleran

Appellate Division of the Supreme Court of the State of New York · decided 1935-06-20

Decided 1935-06-20

Per Curiam.

¶1This motion, made exclusively upon the ground that the limitation of time specified in section 1288 of the Civil *80Practice Act has expired, was properly denied. We do not, however, decide the question whether certiorari is the proper remedy, that question not having been raised here or in the court below.

¶2The order appealed from should be affirmed, with twenty dollars costs and disbursements.

¶3Present — Martin, P. J., Merrell, McAvoy, O’Malley and Untermyer, JJ.

¶4Order affirmed, with twenty dollars costs and disbursements.

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