Brown v. Univ. of State York
| Decision Date | 09 October 1934 |
| Citation | 265 N.Y. 290,192 N.E. 416 |
| Parties | BROWN et al. v. UNIVERSITY OF STATE OF NEW YORK et al. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Action by Fred P. Brown and others against the University of the state of New York and others. An order denying a motion for declaratory judgment was reversed on the law and facts, judgment was directed, and an appeal from an order denying a temporary injunction was dismissed by the Appellate Division (-- App. Div. --, 273 N. Y. S. 809), and defendants appeal. On motion to settle case on appeal.
Motion denied.
Appeal from Supreme Court, Appellate Division, Third Department.
John J. Bennett, Jr., Atty. Gen. (Sol Ullman, of New York City, of counsel), for the motion.
Charles H. Tuttle, of New York City, opposed.
The papers used on the motion for a preliminary injunction are not properly a part of the record when the appeal is from the judgment and the Appellate Division has decided that the motion for a declaratory judgment must be granted on the pleadings.
Inasmuch as the record has been printed, it will be unnecessary to reprint the record on appeal, but on the argument the papers on the motion for a preliminary injunction will not be considered.
Motion denied.
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