Malinowski v. Tofany

Appellate Division of the Supreme Court of New York

Malinowski v. Tofany

36 A.D.2d 1021, 322 N.Y.S.2d 161, 1971 N.Y. App. Div. LEXIS 4031

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

DecidedMay 20, 1971

StatusPublished

Cited by1 cases

This text of 36 A.D.2d 1021 (Malinowski v. Tofany) 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

Malinowski v. Tofany, 36 A.D.2d 1021, 322 N.Y.S.2d 161, 1971 N.Y. App. Div. LEXIS 4031 (N.Y. Ct. App. 1971).

Pincite

Opinion

Memorandum: Prior to April 22, 1970 petitioner’s operator’s license was revoked after a hearing for failure to submit to an alcoholic test after being arrested for driving while intoxicated. On that day an order to show cause with a stay was obtained, returnable at Special Term of the -Supreme Court on May 6, 1970. At that time the matter was adjourned pending receipt of the transcript of the motor vehicle hearing which was received by petitioner on [1022]*1022or about June 8, 1970. Petitioner has failed to establish a reasonable excuse or justification for the delay in filing and serving the records and briefs in accordance with CPLR 5530 (subd. [a]) and to prosecute the proceeding with reasonable diligence.

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Memorandum: Prior to April 22, 1970 petitioner’s operator’s license was revoked after a hearing for failure to submit to an alcoholic test after being arrested for driving while intoxicated. On that day an order to show cause with a stay was obtained, returnable at Special Term of the -Supreme Court on May 6, 1970. At that time the matter was adjourned pending receipt of the transcript of the motor vehicle hearing which was received by petitioner on [1022]*1022or about June 8, 1970. Petitioner has failed to establish a reasonable excuse or justification for the delay in filing and serving the records and briefs in accordance with CPLR 5530 (subd. [a]) and to prosecute the proceeding with reasonable diligence.

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Bluebook (online)

36 A.D.2d 1021, 322 N.Y.S.2d 161, 1971 N.Y. App. Div. LEXIS 4031, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malinowski-v-tofany-nyappdiv-1971.

Opinion

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