Home/New York Court of Appeals/Norstar Bank of Upstate NY v. Office Control Systems, Inc.

Norstar Bank of Upstate NY v. Office Control Systems, Inc.

586 N.E.2d 51, 78 N.Y.2d 1110, 578 N.Y.S.2d 868, 1991 N.Y. LEXIS 4986
CourtNew York Court of Appeals
DecidedNovember 25, 1991
StatusPublished
Cited by11 cases

This text of 586 N.E.2d 51 (Norstar Bank of Upstate NY v. Office Control Systems, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Norstar Bank of Upstate NY v. Office Control Systems, Inc., 586 N.E.2d 51, 78 N.Y.2d 1110, 578 N.Y.S.2d 868, 1991 N.Y. LEXIS 4986 (N.Y. 1991).

Opinion

OPINION OF THE COURT

Motion for leave to appeal dismissed as untimely. While the cover letter here stated only that the Appellate Division order was attached and did not specify that it was entered, the attached Appellate Division order was stamped entered with the date of entry and the name of the clerk of the court where the order was entered. Service of this cover letter together with the Appellate Division order constitutes service of the order with notice of entry so as to commence the running of appellant’s time to move for leave to appeal. Thus, the motion for leave to appeal made more than 35 days after service of the cover letter and the Appellate Division order, was untimely (CPLR 5513 [b]; 2103 [b] [2]).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

HSBC Bank USA, N.A. v. Hillaire
2026 NY Slip Op 00353 (Appellate Division of the Supreme Court of New York, 2026)
Mokay v. Mokay
111 A.D.3d 1175 (Appellate Division of the Supreme Court of New York, 2013)
Peralta v. City of New York
92 A.D.3d 554 (Appellate Division of the Supreme Court of New York, 2012)
Rodriguez v. Zeichner
50 A.D.3d 999 (Appellate Division of the Supreme Court of New York, 2008)
Xander Corp. v. Haberman
41 A.D.3d 489 (Appellate Division of the Supreme Court of New York, 2007)
Moses v. New York State Division of Housing & Community Renewal
38 A.D.3d 449 (Appellate Division of the Supreme Court of New York, 2007)
Serio v. United States Fire Insurance
11 A.D.3d 670 (Appellate Division of the Supreme Court of New York, 2004)
In THE MATTER OF REYNOLDS v. Dustman
804 N.E.2d 411 (New York Court of Appeals, 2003)
Johnson v. State
256 A.D.2d 1179 (Appellate Division of the Supreme Court of New York, 1998)
Sopasis Construction, Inc. v. Solomon
253 A.D.2d 489 (Appellate Division of the Supreme Court of New York, 1998)
Deygoo v. Eastern Abstract Corp.
204 A.D.2d 596 (Appellate Division of the Supreme Court of New York, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
586 N.E.2d 51, 78 N.Y.2d 1110, 578 N.Y.S.2d 868, 1991 N.Y. LEXIS 4986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/norstar-bank-of-upstate-ny-v-office-control-systems-inc-ny-1991.