Ponenti v. Regan

Appellate Division of the Supreme Court of New York

Ponenti v. Regan

99 A.D.2d 642, 475 N.Y.S.2d 352, 1984 N.Y. App. Div. LEXIS 16875

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

DecidedJanuary 31, 1984

StatusPublished

This text of 99 A.D.2d 642 (Ponenti v. Regan) 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

Ponenti v. Regan, 99 A.D.2d 642, 475 N.Y.S.2d 352, 1984 N.Y. App. Div. LEXIS 16875 (N.Y. Ct. App. 1984).

Pincite

Opinion

Motion, pursuant to 22 NYCRR 800.12 of the Rules of Practice, for extension of time to perfect proceeding deemed abandoned, denied, without costs, and proceeding dismissed. This court notes that while the motion for an extension of time was made prior to the expiration of the nine-month period set forth in section 800.12 of the Rules of Practice, the requested extension would have allowed perfection of the proceeding beyond the nine-month period. Therefore, pursuant to section 800.12 of the Rules of Practice, petitioner was required to set forth in his moving papers a reasonable excuse for the delay and facts showing merit to the proceeding. In the present proceeding, petitioner has failed to establish either a reasonable excuse for the delay or merit to the proceeding. Accordingly, the motion must be denied and the proceeding dismissed. Casey, J. P., Weiss, Mikoll, Yesawich, Jr., and Levine, JJ., concur.

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Motion, pursuant to 22 NYCRR 800.12 of the Rules of Practice, for extension of time to perfect proceeding deemed abandoned, denied, without costs, and proceeding dismissed. This court notes that while the motion for an extension of time was made prior to the expiration of the nine-month period set forth in section 800.12 of the Rules of Practice, the requested extension would have allowed perfection of the proceeding beyond the nine-month period. Therefore, pursuant to section 800.12 of the Rules of Practice, petitioner was required to set forth in his moving papers a reasonable excuse for the delay and facts showing merit to the proceeding. In the present proceeding, petitioner has failed to establish either a reasonable excuse for the delay or merit to the proceeding. Accordingly, the motion must be denied and the proceeding dismissed. Casey, J. P., Weiss, Mikoll, Yesawich, Jr., and Levine, JJ., concur.

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Bluebook (online)

99 A.D.2d 642, 475 N.Y.S.2d 352, 1984 N.Y. App. Div. LEXIS 16875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ponenti-v-regan-nyappdiv-1984.