WHEELER v. STATE


3 A.D.2d 977 (1957)

Howard A. Wheeler, Appellant, v. State of New York, Respondent. (Claim No. 32006.)

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

May 15, 1957


Order entered September 13, 1956, reversed, without costs of this appeal to either party, and motion granted. Appeal from order entered October 9, 1956, dismissed as academic.

Memorandum:

This claim was stricken from the calendar after undue delay and failure to prosecute. However, it appears from the affidavit submitted on the motion to restore, that at the time it was stricken from the calendar claimant's trial counsel was engaged in trial in the Supreme...

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