Bomboy v. State

Appellate Division of the Supreme Court of New York

Bomboy v. State

23 A.D.2d 713, 258 N.Y.S.2d 363, 1965 N.Y. App. Div. LEXIS 4695

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 12, 1965

DocketClaim No. 40528; Claim No. 40529

StatusPublished

This text of 23 A.D.2d 713 (Bomboy v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bomboy v. State, 23 A.D.2d 713, 258 N.Y.S.2d 363, 1965 N.Y. App. Div. LEXIS 4695 (N.Y. Ct. App. 1965).

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Opinion

Memorandum by the Court. The appli[714]*714cation, was denied upon the evident misapprehension that it was made more than one year after service of a copy of the order of dismissal (CP'LR 5015, subd. [a], par. 1), the order having been entered September 10, 1963 and appellant asserting without contradiction that the copy served upon Mm was mailed on September 16, 1963 and received at Ms office on September 17, 1963. The claim, except as to the assault cause. of action, seems to have been timely filed (Tierney v. State of New York, 266 App, Diy. 434, affd. 292 N. Y. 523). Order reversed, on the lw and the facts, with costs to appellant; and motion granted, with costs. Gibson, P, J., Herlihy, Reynolds, Taylor and Hamm, JJ., concur.

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Memorandum by the Court. The appli[714]*714cation, was denied upon the evident misapprehension that it was made more than one year after service of a copy of the order of dismissal (CP'LR 5015, subd. [a], par. 1), the order having been entered September 10, 1963 and appellant asserting without contradiction that the copy served upon Mm was mailed on September 16, 1963 and received at Ms office on September 17, 1963. The claim, except as to the assault cause. of action, seems to have been timely filed (Tierney v. State of New York, 266 App, Diy. 434, affd. 292 N. Y. 523). Order reversed, on the lw and the facts, with costs to appellant; and motion granted, with costs. Gibson, P, J., Herlihy, Reynolds, Taylor and Hamm, JJ., concur.

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23 A.D.2d 713, 258 N.Y.S.2d 363, 1965 N.Y. App. Div. LEXIS 4695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bomboy-v-state-nyappdiv-1965.

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