Griffith Jenks v. John Murphy Et Al. Book Reviews

Griffith Jenks v. John Murphy Et Al. by Supreme Court of New York Book Summary

In view of the continuing confusion relating to applications by appellants in civil actions or proceedings for leave to present appeals as alleged ""poor persons"" we express our views as to the proper procedure. Subdivision (a) of 1101 CPLR provides that ""the court in which an action is triable, or to which an appeal has been or will be taken, may grant permission to proceed as a poor person"". While differently worded, the Civil Practice Act (§ 198-a) contained a similar provision. (Cf. 2 Weinstein-Korn-Miller, N. Y. Civ. Prac., § 1101.03.) In the typical motion in this court for such relief the moving party seeks leave to prosecute the appeal as a poor person upon a single copy of the record and five typewritten briefs. There is usually, however, a failure to disclose to this court whether or not the applicant has sufficient assets with which to

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Griffith Jenks v. John Murphy Et Al. (Supreme Court of New York) Book Reviews 2024

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