BERKSON v. SCHNEIDERMAN


280 A.D. 142 (1952)

Jacob S. Berkson et al., Appellants, v. Harry Schneiderman, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 6, 1952.


Attorney(s) appearing for the Case

Louis B. Stillman of counsel (Bertram D. Moll with him on the brief; Stillman & Stillman, attorneys), for appellants.

Irving Lemov of counsel (Abbott L. Levine, attorney), for respondent.

CALLAHAN, VAN VOORHIS and FOSTER, JJ., concur; SHIENTAG, J., concurs in result.


COHN, J. P.

The appeal from the order entered on December 15, 1950, must be dismissed upon the ground that the notice was served long after the time for service thereof had expired. Appellants had thirty days from that date within which to serve their notice of appeal. It was not served until April 19, 1951. It has long been settled that in civil cases as well as in criminal cases, a court or judge is not authorized...

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