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MATTER OF GALIBER v. Previte
By failing to make any application before Special Term, such as to require the filing of the transcript or for a change of determination, and by then proceeding upon appeal appellant, under the instant facts, waived his objection in respect to the transcript, the failure to file being waivable and not necessarily a fatal defect (4 Weinstein-Korn-Miller, NY Civ Prac, par 4320.09; see Goldberg v Green, 270 App Div 856 , mot for lv to app den 270 App Div 1024 , mot for lv to app dsmd 296 NY 830 ; Kells v Kells, 257 App Div 863 ; see, also, CPLR 5525 (subd [d]; Stewart v Garland, 3 AD2d 685 ; Shie…
In the Matter of the Application of Ernest J. Aries for Reinstatement as an Attorney
Appellate Division of the Supreme Court of the State of New York.
Jun 17, 1946.
Published
Application for reinstatement as an attorney and counselor at law denied. Present — Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ.