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JENKS v. MURPHY

21 A.D.2d 346 (1964)

Griffith Jenks, Appellant, v. John Murphy et al., as Executors of John Murphy, Deceased, et al., Respondents

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

June 25, 1964.

Attorney(s) appearing for the Case

Jacob G. Schneier for appellant.

Nixon, Hargrave, Devans & Doyle for Carson Seelye, respondent.

Heath & Heath for John Murphy and another, respondents.

Curtis L. Lyman for County of Orleans.

WILLIAMS, P. J., BASTOW, GOLDMAN, NOONAN and DEL VECCHIO, JJ., concur.

Per Curiam.

In view of the continuing confusion relating to applications by appellants in civil actions or proceedings for leave to present appeals as alleged "poor persons" we express our views as to the proper procedure. Subdivision (a) of 1101 CPLR provides that "the court in which an action is triable, or to which an appeal has been or will be taken, may grant permission to proceed as a poor person". While differently worded, the Civil Practice Act (§...

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