Page Summons, Submitted in Support of Mo- Complaint, Submitted in Support of Motion 8 Exhibit “A”: Schedule of real prop- Exhibit “B”: Consents and order of Exhibit “C”: Special appearance of Affidavit of Joseph A. McCabe, in Support Exhibit A: Notice of motion and sup- 45 52 Affidavit of Plaintiff, in Opposition to Mo- Order to Show Cause on Plaintiff's Ap- plication to Vacate Order of May 7, 1932 57 Moving Affidavit on Plaintiff's Application Order Granting Plaintiff's Application to First Opinion of Mr. Justice Taylor Second Opinion of Mr. Justice Taylor Order to Show Cause Why Reargument Affidavit of Joseph A. McCabe, in Support Affidavit of Plaintiff Opposing Reargu- Third Opinion of Mr. Justice Taylor 97 99 102 105 3 Please Take Notice that the defendants Elvira S. Graham and Julia S. Bock hereby appeal to the Appellate Division of the Supreme Court, Second Department, from the order made in the above-entitled action by Mr. Justice George H. Taylor, Jr., on June 11th, 1932, and entered in the Dutchess County Clerk's Office on June 13th, 1932, which order by its terms denies a motion made by the defendants Graham and Bock to compel the plaintiff to serve an Amended Complaint wherein she shall separately state and number the facts constituting each cause of action and this appeal is taken from each and every part of said order, Dated, June 20th, 1932. Yours, &c., 19 Market Street, Poughkeepsie, N. Y. William A. Mulvey, Esq., Attorney for Plaintiff. Joseph A. Daughton, Esq., Dutchess County Clerk. To: 4 Order Appealed From. At a Special Term of the Supreme Court held in and for the County of Dutchess at the Court House in the City of Poughkeepsie, N. Y., on the 11th day of June, 1932. Present: Hon. George H. Taylor, Jr., Justice Supreme Court. A motion having been made by the defendants, Elvira S. Graham and Julia S. Bock to compel this plaintiff pursuant to Rule 90 of the Rules of Civil Practice to serve an amended complaint wherein she shall separately state and number the facts constituting each cause of action, said notice of motion having been dated May 9th, 1932, and made returnable at a SpeOrder Appealed From 7 cial Term of the Supreme Court held in and for the County of Dutchess on the 21st day of May, 1932, and upon the summons and complaint attached to said motion papers and the exhibits thereto attached, namely the descriptions of the real estate and a copy of the adoption proceedings and Special Appearance filed in the Surrogate's Court of the County of Dutchess by the plaintiff herein on the return of said citation in said Court and by stipulation of the parties to said action, the said motion above referred to, having been referred to be heard 8 and determined by Hon. George H. Taylor, Jr., Justice of the Supreme Court at a Special Term of the Supreme Court held in and for the County of Orange at the City of Newburgh on the 18th day of May, 1932, and upon such stipulation, the motion having been orally argued before said Court on said date and thereafter there having been filed with this Court the affidavit of Joseph A. McCabe, verified May 24th, 1932, with certain exhibits attached thereto and the affidavit of Isobel S. Carter, verified May 23rd, 1932, the defendants Elvira S. Graham and Julia S. Bock having appeared upon said motion by Hon. John E. Mack, Raymond E. 9 Aldrich, Esq. and McCabe & Rosen with Joseph A. McCabe of counsel in support of said motion, and the plaintiff Isobel S. Carter having appeared by William A. Mulvey, her attorney, in opposition thereto, and briefs having been submitted to this Court upon this motion and due deliberation having been had, and the Court having filed its decision dated May 28th, 1932, and the defendants, Elvira S. Graham and Julia S. Bock having obtained an order to show cause |