Cook v. Bry-Lin Hospitals, Inc.

Appellate Division of the Supreme Court of New York

Cook v. Bry-Lin Hospitals, Inc.

181 A.D.2d 1076, 581 N.Y.S.2d 518, 1992 N.Y. App. Div. LEXIS 4794

Appellate Division of the Supreme Court of the State of New York·Decided March 13, 1992·Published·Cited by 1 cases

Opinion

— Motion to declare appeal timely denied; cross motion to dismiss appeal denied and extension of time to perfect granted. Memorandum: There [1077] is 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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— Motion to declare appeal timely denied; cross motion to dismiss appeal denied and extension of time to perfect granted. Memorandum: There [1077] is 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.

Cook v. Bry-Lin Hospitals, Inc., 181 A.D.2d 1076, 581 N.Y.S.2d 518, 1992 N.Y. App. Div. LEXIS 4794 (N.Y. Ct. App. 1992).

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181 A.D.2d 1076 (Cook v. Bry-Lin Hospitals, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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