Cook v. Bry-Lin Hospitals, Inc.
This text of 181 A.D.2d 1076 (Cook v. Bry-Lin Hospitals, Inc.) 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.
Opinion
— Motion to declare appeal timely denied; cross motion to dismiss appeal denied and extension of time to perfect granted. Memorandum: There [1077]*1077is no authority for a motion "declaring that an appeal is timely taken”. Insofar as plaintiff's opposition to the motion may be considered as a cross motion to dismiss the appeal, it must be denied. Plaintiff has failed to show that, when a copy of the order appealed from was mailed to defense counsel on October 4, 1991, it was accompanied by a notice of entry (see, CPLR 5513). Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.
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Cite This Page — Counsel Stack
181 A.D.2d 1076, 581 N.Y.S.2d 518, 1992 N.Y. App. Div. LEXIS 4794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-bry-lin-hospitals-inc-nyappdiv-1992.