People v. Stager

Appellate Division of the Supreme Court of New York

People v. Stager

124 A.D.2d 982, 508 N.Y.S.2d 808, 1986 N.Y. App. Div. LEXIS 62296

Appellate Division of the Supreme Court of the State of New York·Decided November 10, 1986·Published·Cited by 1 cases

Opinion

Memorandum: A notice of appeal from the February 18, 1986 decision order of County Court was not timely filed. The decision order of the court on the motion to reargue was not a superseding order because the People raised no new facts and included no additional affidavits or other proof (see, People v Brooks, 54 AD2d 333, 337; People v Caruso, 37 AD2d 532). No appeal lies from the denial of a motion to reargue (People v Shorts, 33 AD2d 1040). Were we to reach the merits, we would affirm. (Appeals from orders of Onondaga County Court, Burke, J. — dismiss indictment-reargument.) Present— Denman, J. P., Boomer, Green, Pine and Balio, JJ.

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

Memorandum: A notice of appeal from the February 18, 1986 decision order of County Court was not timely filed. The decision order of the court on the motion to reargue was not a superseding order because the People raised no new facts and included no additional affidavits or other proof (see, People v Brooks, 54 AD2d 333, 337; People v Caruso, 37 AD2d 532). No appeal lies from the denial of a motion to reargue (People v Shorts, 33 AD2d 1040). Were we to reach the merits, we would affirm. (Appeals from orders of Onondaga County Court, Burke, J. — dismiss indictment-reargument.) Present— Denman, J. P., Boomer, Green, Pine and Balio, JJ.

People v. Stager, 124 A.D.2d 982, 508 N.Y.S.2d 808, 1986 N.Y. App. Div. LEXIS 62296 (N.Y. Ct. App. 1986).

Pincite

124 A.D.2d 982 (People v. Stager) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related