Farrell v. Johnson

Appellate Division of the Supreme Court of New York

Farrell v. Johnson

265 A.D.2d 862, 695 N.Y.S.2d 814, 1999 N.Y. App. Div. LEXIS 9953

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

DecidedOctober 1, 1999

StatusPublished

This text of 265 A.D.2d 862 (Farrell v. Johnson) 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.

Bluebook

Farrell v. Johnson, 265 A.D.2d 862, 695 N.Y.S.2d 814, 1999 N.Y. App. Div. LEXIS 9953 (N.Y. Ct. App. 1999).

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Opinion

—Order unanimously affirmed with costs. Memorandum: Supreme Court did not abuse its discretion in allowing petitioners to submit a proposed order two days after expiration of the 60-day period set forth in 22 NYCRR 202.48. There is no evidence that petitioners intended to abandon the proceeding; the period of delay was brief and petitioners established that it would be inequitable to bar the late settlement of the proposed order (see, Matter of Village of Attica v Nutty, 184 AD2d 1057; see also, Oliva v Lucero, 212 AD2d 407, 408). (Appeal from Order of Supreme Court, Chautauqua County, Ward, J. — Submission of Order.) Present — Lawton, J. P., Hayes, Wisner and Balio, JJ.

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—Order unanimously affirmed with costs. Memorandum: Supreme Court did not abuse its discretion in allowing petitioners to submit a proposed order two days after expiration of the 60-day period set forth in 22 NYCRR 202.48. There is no evidence that petitioners intended to abandon the proceeding; the period of delay was brief and petitioners established that it would be inequitable to bar the late settlement of the proposed order (see, Matter of Village of Attica v Nutty, 184 AD2d 1057; see also, Oliva v Lucero, 212 AD2d 407, 408). (Appeal from Order of Supreme Court, Chautauqua County, Ward, J. — Submission of Order.) Present — Lawton, J. P., Hayes, Wisner and Balio, JJ.

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Bluebook (online)

265 A.D.2d 862, 695 N.Y.S.2d 814, 1999 N.Y. App. Div. LEXIS 9953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farrell-v-johnson-nyappdiv-1999.

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