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U.S. Supreme Court

Department of Banking v. Pink, 317 U.S. 264 (1942)

Department of Banking v. Pink

No. 466

Decided December 21, 1942

317 U.S. 264


1. After a final judgment by the New York Court of Appeals, entered in the lower court upon remittitur, an amendment merely certifying that a federal question was presented and decided does not extend the time -- three months from the rendition of the judgment of the higher court -- within which petition for certiorari can be filed in this Court. P. 317 U. S. 266.

2. Although a writ of certiorari to review a judgment of the highest court of a State may properly run to a lower court where the record is physically lodged, and where, under New York practice, a judgment is entered upon the remittitur of the Court of Appeals, it is nevertheless immaterial whether the record is physically lodged in the one court or the other, since this Court has ample power to obtain it from either. P. 317 U. S. 267.

3. The time within which application to review a final judgment of the New York Court of Appeals may be made to this Court runs from the date of the rendition of the judgment in that court, and not from the date when, under the local practice, judgment was entered on remittitur in the lower state court. P. 317 U. S. 267.

4. A judgment or order of the Court of Appeals of New York is final for purposes of review by this Court when the record reveals that it leaves nothing to be done by the lower court except the ministerial act of entering judgment on the remittitur. P. 317 U. S. 267. chanroblesvirtualawlibrary

Page 317 U. S. 265

5. The test of the finality prerequisite to a review in this Court is not whether, under local rules of practice, the judgment is denominated final, but is whether the record shows that the order of the appellate court has in fact fully adjudicated rights, and that that adjudication is not subject to further review by a state court. P. 317 U. S. 268.

6. Where the judgment is final in this sense, the time for applying to this Court runs from the date of the judgment. P. 317 U. S. 268.

Petition denied.

Petition for certiorari to review a judgment entered in the Supreme Court of New York as directed by remittitur from the Court of Appeals of the State. For report below, see 288 N.Y. 712, 43 N.E.2d 93; 289 N.Y. 624, 43 N.E.2d 840; 289 N.Y. 841, 47 N.E.2d 441.

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