MATTER OF TREADWELL v. LANGHORNE


72 A.D.2d 776 (1979)

In the Matter of Edwin F. Treadwell et al., Appellants, v. Junius Langhorne et al., Respondents

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

November 13, 1979


Order reversed insofar as appealed from, without costs or disbursements, petition reinstated and matter remanded to Special Term for a determination of the triable issues of fact.

The respondents' assertions that a certification procedure pursuant to section 151 of the Indian Law had already taken place raises a factual question which should have been resolved at a hearing prior to Special Term's determination that the petition was moot. Therefore, we reverse the...

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