POLITO v. PITRIELLO, 196 N.Y. 517 (1909)

89 N.E. 1096

EMANUEL POLITO et al., Constituting the Firm of POLITO BROTHERS, Respondents, v. GUIESSEPPE PITRIELLO et al., Appellants.

Court of Appeals of the State of New York.Submitted October 4, 1909
Decided October 12, 1909

Peter J. McGoldrick for motion.

K.C. McDonald and M.V. McDonald opposed.

Per Curiam.

This is a motion to restore the appeal in this proceeding to the calendar, it having been dismissed under rule one for failure to file a return as therein required.

It appears that the justification of sureties executing the

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undertaking on the appeal is still pending and undetermined in the Supreme Court.

The filing of a return cannot be compelled until the appeal is fully perfected.

The motion should be granted, without costs.

CULLEN, Ch. J., EDWARD T. BARTLETT, HAIGHT, VANN, WILLARD BARTLETT, HISCOCK and CHASE, JJ., concur.

Motion granted.