Plaisted v. County of Allegany

Appellate Division of the Supreme Court of New York

Plaisted v. County of Allegany

249 A.D.2d 997, 672 N.Y.S.2d 163, 1998 N.Y. App. Div. LEXIS 5175

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

DecidedApril 29, 1998

StatusPublished

This text of 249 A.D.2d 997 (Plaisted v. County of Allegany) 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

Plaisted v. County of Allegany, 249 A.D.2d 997, 672 N.Y.S.2d 163, 1998 N.Y. App. Div. LEXIS 5175 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Appeal unanimously dismissed without costs. Memorandum: Supreme Court’s denial of defendant’s motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute was conditioned upon plaintiffs’ payment to defendant of $250 for costs within 30 days after service of the order with notice of entry. Plaintiffs made timely payment to defendant’s attorney, who deposited the check and retained the money. Defendant thereby waived its right to appeal (see, Dolin v Passero-Scardetta Assocs., 110 AD2d 1051; see also, Reyes-Dobles v Chaudhry, 176 AD2d 1240). (Appeal from Order of Supreme Court, Allegany County, Feeman, Jr., J. — Dismiss Pleading.) Present — Pine, J. P., Law-ton, Hayes, Wisner and Boehm, JJ.

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—Appeal unanimously dismissed without costs. Memorandum: Supreme Court’s denial of defendant’s motion to dismiss the complaint pursuant to CPLR 3216 for failure to prosecute was conditioned upon plaintiffs’ payment to defendant of $250 for costs within 30 days after service of the order with notice of entry. Plaintiffs made timely payment to defendant’s attorney, who deposited the check and retained the money. Defendant thereby waived its right to appeal (see, Dolin v Passero-Scardetta Assocs., 110 AD2d 1051; see also, Reyes-Dobles v Chaudhry, 176 AD2d 1240). (Appeal from Order of Supreme Court, Allegany County, Feeman, Jr., J. — Dismiss Pleading.) Present — Pine, J. P., Law-ton, Hayes, Wisner and Boehm, JJ.

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Bluebook (online)

249 A.D.2d 997, 672 N.Y.S.2d 163, 1998 N.Y. App. Div. LEXIS 5175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plaisted-v-county-of-allegany-nyappdiv-1998.

Opinion

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