MATTER OF FRIEDMAN v. WEAVER, 2 N.Y.2d 933 (1957)

162 N.Y.S.2d 29, 142 N.E.2d 205

In the Matter of JOSEPH FRIEDMAN et al., Respondents, against ROBERT C. WEAVER, as State Rent Administrator, Appellant.

Court of Appeals of the State of New York.Submitted February 25, 1957
Decided March 8, 1957

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES W. BAILEY, J.

Page 934

Francis J. Duffy for motion.

Norman S. Fenton and Nathan Heller opposed.

Motion denied upon the ground that rule I of the Rules of the Court of Appeals prescribes the remedy where the appeal is perfected but the return is not filed (see Civ. Prac. Act, § 570 Nader v. Lambert, 295 N.Y. 663).