78 A.D. 141 | N.Y. App. Div. | 1903
The action was tried at a Special Term of the Supreme Court in this district on December 10, 1901, presided over by Mr. Justice Davy, a justice of the Supreme Court in the seventh judicial district. After the trial was concluded, by direction of the court and by stipulation between counsel, the time for the submission of the briefs was extended to January 18, 1902, upon which day all papers in the case were to be sent by express to the justice presiding. Upon the 30th day of December, 1901, the Governor, in pursuance
Section 2 of article 6 of the Constitution provides that there shall be an Appellate Division of the Supreme Court consisting of seven justices in the first department, and of five justices in each of the other departments; that from all the justices elected to the Supreme Court the Governor shall designate those who shall constitute the Appellate Division in each department; that he1 may also make temporary designations in case of the absence or inability to act of any justice in the Appellate Division, or in case the presiding justice of any Appellate Division shall certify to him that one or more additional justices are needed for the speedy disposition of the business before it; that “no justice' of the Appellate Division shall exercise any of the powers of a justice of the Supreme Court, other than those of a justice out of court, and those pertaining to the Appellate Division or to the hearing and decision of motions submitted by consent of counsel.” Section 6 of article 6 of the Constitution provides that any justice of the Supreme Court, except as otherwise provided in this article, may hold court in any county. Hr. Justice Davy presided at the Special Term of the Supreme
The order appealed from should be affirmed, with ten dollars costs and disbursements.
Van Brunt, P. J., O’Brien, McLaughlin and Hatch, JJ., concurred.
Order affirmed, with ten dollars costs and disbursements.