Hirsch v. Formato

Appellate Division of the Supreme Court of New York

Hirsch v. Formato

69 A.D.2d 818, 414 N.Y.S.2d 742, 1979 N.Y. App. Div. LEXIS 11468

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

DecidedApril 2, 1979

StatusPublished

Cited by2 cases

This text of 69 A.D.2d 818 (Hirsch v. Formato) 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

Hirsch v. Formato, 69 A.D.2d 818, 414 N.Y.S.2d 742, 1979 N.Y. App. Div. LEXIS 11468 (N.Y. Ct. App. 1979).

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Opinion

In a proceeding pursuant to CPLR article 78 to compel Virginia Formato, the Clerk of the District Court, Nassau County, Third District, Great Neck Part, to enter a default judgment in an action pending in that court, in which the petitioner herein is the plaintiff, Ms. Formato appeals from a judgment of the Supreme Court, Nassau County, entered October 31, 1978, which (1) denied her motion to dismiss the proceeding and (2) directed her to enter the default judgment. Judgment reversed, on the law, with $50 costs and disbursements and proceeding dismissed. The appellant’s letter of refusal dated February 1, 1978 commenced the running of the four-month Statute of Limitations thus rendering this CPLR article 78 proceeding untimely. We reach no other issue. Titone, J. P., Lazer, Margett and Martuscello, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel Virginia Formato, the Clerk of the District Court, Nassau County, Third District, Great Neck Part, to enter a default judgment in an action pending in that court, in which the petitioner herein is the plaintiff, Ms. Formato appeals from a judgment of the Supreme Court, Nassau County, entered October 31, 1978, which (1) denied her motion to dismiss the proceeding and (2) directed her to enter the default judgment. Judgment reversed, on the law, with $50 costs and disbursements and proceeding dismissed. The appellant’s letter of refusal dated February 1, 1978 commenced the running of the four-month Statute of Limitations thus rendering this CPLR article 78 proceeding untimely. We reach no other issue. Titone, J. P., Lazer, Margett and Martuscello, JJ., concur.

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Bluebook (online)

69 A.D.2d 818, 414 N.Y.S.2d 742, 1979 N.Y. App. Div. LEXIS 11468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hirsch-v-formato-nyappdiv-1979.

Opinion

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