Owl Homes of Fredonia, Inc. v. Murphy

Appellate Division of the Supreme Court of New York

Owl Homes of Fredonia, Inc. v. Murphy

199 A.D.2d 1077, 607 N.Y.S.2d 513

Appellate Division of the Supreme Court of the State of New York·Decided December 29, 1993·Published

Opinion

—Motion for leave to amend cross notice of appeal denied. Memorandum: Because a notice of appeal constitutes a jurisdictional prerequisite for an appeal, the notice cannot be amended to add parties appellant after the time to serve and file the notice has elapsed (see, Matter of May v Accident & Cas. Ins. Co., 275 App Div 1007; see also, CPLR 5514 [c]). Present—Denman, P. J., Pine, Lawton, Doerr and Boehm, JJ. [Filed Dec. 1,1993.)

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

—Motion for leave to amend cross notice of appeal denied. Memorandum: Because a notice of appeal constitutes a jurisdictional prerequisite for an appeal, the notice cannot be amended to add parties appellant after the time to serve and file the notice has elapsed (see, Matter of May v Accident & Cas. Ins. Co., 275 App Div 1007; see also, CPLR 5514 [c]). Present—Denman, P. J., Pine, Lawton, Doerr and Boehm, JJ. [Filed Dec. 1,1993.)

Owl Homes of Fredonia, Inc. v. Murphy, 199 A.D.2d 1077, 607 N.Y.S.2d 513 (N.Y. Ct. App. 1993).

Pincite

199 A.D.2d 1077 (Owl Homes of Fredonia, Inc. v. Murphy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.