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Statement Under Rule 234

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Notice of Appeal From Order
Notice of Appeal From Judgment
Order Appealed From
Judgment Appealed From
Order to Show Cause
Affidavit of Bernard R. Selkowe, Read in

Support of Motion
Affidavit, Annexed to Foregoing Affi-

davit of Bernard R. Selkowe
Subpoena, Annexed to Foregoing Affi-

davit of Bernard R. Selkowe
Affidavit of Charles F. Andolsek, Read in

Opposition to Motion
Order to Show Cause for Reargument
Affidavit of Charles F. Andolsek, Read in

Support of Motion for Reargument
Affidavit of Bernard R. Selkowe, Read in Op-

position to Motion for Reargument
Decision and Opinion
Decision on Reargument
Affidavit of No Other Opinions
Stipulation Waiving Certification

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New York Supreme Court

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APPELLATE DIVISION_FIRST DEPARTMENT

In the Matter of Supplementary Proceedings

ANNA ALESSI,
Judgment-Creditor-Respondent,

THE EQUITABLE LIFE ASSURANCE SOCIETY
OF THE UNITED STATES,

Third-Party-Appellant.

Statement Under Rule 234.

This is an appeal by the Third Party herein, The Equitable Life Assurance Society of the United States, from an order of Mr. Justice 3 William C. Hecht, Jr. dated May 20, 1958 which granted the motion of the Third Party herein to reargue the Judgment Creditor's motion and upon such reargument, adhering to the original decision of the Court which ordered that the Judgment Creditor's motion be granted with respect to a policy bearing No. 13,403,498 issued by the said Third Party on the life of one Joseph Alessi and requiring the said Third Party to pay to the Judgment Creditor an amount not exceeding $2375.00 with interest thereon from February

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Statement Under Rule 234.

20, 1958 and which further ordered that the Judgment Creditor's motion be granted with respect to a second policy bearing No. 11,351,410 issued by the Third Party on the life of one Joseph Alessi with respect to certain dividend accumulations and interest on said dividend accumulations.

The Third Party, The Equitable Life Assurance Society of the United States also appeals from

the judgment dated July 3, 1958 on the basis 5 of the order hereinbefore referred to entered

by the Judgment Creditor herein against the Third Party, The Equitable Life Assurance Society of the United States, in the office of the Clerk of the Supreme Court of the State of New York, County of New York on July 3, 1958 in the sum of $845.69.

The Third Party herein, The Equitable Life Assurance Society of the United States appeals from each and every part of said order and said judgment both on questions of law and on the facts.

There has been no change of parties or attorneys since the commencement of this proceeding.

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Notice of Appeal From Order.

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SUPREME COURT OF THE STATE OF

NEW YORK,
COUNTY OF NEW YORK.

Index No. 4171-1958.

In the Matter of Suplementary Proceedings

ANNA ALESSI,

Judgment Creditor, against

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JOSEPH ALESSI,

Judgment Debtor.

SIRS:

PLEASE TAKE NOTICE that The Equitable Life Assurance Society of the United States, the Third Party herein, hereby appeals to the_Appellate Division of the Supreme Court, First Judicial Department, from the order of Mr. Justice William C. Hecht, Jr. dated May 20, 1958 and entered in the office of the Clerk of the 9 Supreme Court of the State of New York, New York County, on May 20, 1958, which order granted the motion of the Third Party herein to reargue the Judgment Creditor's motion and upon such reargument, adhering to the original decision of the Court, and which ordered that the Judgment Creditor's motion be granted with respect to Policy 13,403,498 issued by the Third Party on the life of Joseph Alessi and ordered that the said Third Party pay to the Judgment Creditor a total amount not exceeding $2375. with interest thereon from February 20, 1958 representing the balance of the surrender value of said policy after crediting to the Third Party