# In re Benedict

> Appellate Division of the Supreme Court of the State of New York · March 9, 1961 · 13 A.D.2d 511

URL: https://www.frixlaw.com/law-library/cases/5725941

## Case

- **Full name:** In the Matter of Gamble Benedict, Katharine G. Benedict, Respondent Andre Porumbeanu
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** March 9, 1961
- **Citations:** 13 A.D.2d 511; 212 N.Y.S.2d 605; 1961 N.Y. App. Div. LEXIS 12168
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Pette
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5725941

## Opinion text

Appeal from an order of the Girls’ Term of the City Magistrates’ Court of the City of New York, entered July 5, 1960, which denied a motion by appellants for an order (1) to terminate and dismiss this proceeding and (2) to vacate the warrants of arrest issued against them.
Memorandum: by the Court.
On the court’s own motion, the appeal is dismissed, without costs. In the Girls’ Term of the City Magistrates’ Court, an appeal lies only from a final order (Girls’ Term Court Act, § 25; L. 1951, eh. 716). The order here is not final and is therefore not appealable (cf. Matter of Smith, 7 A D 2d 927; Matter of Herko, 280 App. Div. 994 ; Giuliano v. Giuliano, 278 App. Div. 850 ).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5725941. Public record. Not legal advice.