MATTER OF COHEN v. BIRNBAUM


104 A.D.2d 471 (1984)

In the Matter of Bernard D. Cohen, Appellant, v. Edward L. Birnbaum et al., Respondents-Respondents, and A. Patricia Moore et al., Respondents. (And Other Proceedings.)

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

August 23, 1984


Appeal dismissed, without costs or disbursements.

This appeal presents mixed questions of law and fact. Although a hearing at which testimony was taken and during which certain stipulations were entered into was conducted before Special Term, no transcript of the hearing was submitted. Under the circumstances here present, this court does not have a sufficient basis to review Special Term's determination and the appeal must be dismissed (see Matter of Hutchinson...

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