MATTER OF CAPICOTTI v. CAPICOTTI


20 A.D.2d 717 (1964)

In the Matter of Vincent Capicotti, Respondent, v. Benjamin Capicotti, Appellant

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

February 17, 1964


Order reversed, on the facts and in the exercise of discretion, without costs; and application denied.

In our opinion, the combination of the petitioner's unreasonable delay in bringing this removal proceeding after full knowledge of the alleged extent of his injuries, and the petitioner's failure to connect or relate the alleged loss of employment to the alleged injuries, precluded the granting of the instant application. Moreover, the injuries set forth in petitioner...

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