Ruggiano v. Board of Education

Appellate Division of the Supreme Court of New York

Ruggiano v. Board of Education

42 A.D.2d 911, 347 N.Y.S.2d 962, 1973 N.Y. App. Div. LEXIS 3546

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

DecidedSeptember 24, 1973

StatusPublished

This text of 42 A.D.2d 911 (Ruggiano v. Board of Education) 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

Ruggiano v. Board of Education, 42 A.D.2d 911, 347 N.Y.S.2d 962, 1973 N.Y. App. Div. LEXIS 3546 (N.Y. Ct. App. 1973).

Pincite

Opinion

In an action by defendant’s former employee to recover damages for unlawful discharge, plaintiff appeals, by permission granted by order of this court dated May 18,1973, from an order of the Appellate Term of the 'Supreme Court, Second and Eleventh Judicial Districts, dated October 26, 1972, which affirmed a judgment of the Civil Court of the City of New York, Kings County, entered February 1,1972, in favor of defendant after a nonjury trial. Appeal dismissed, without costs; the above-mentioned order dated May 18, 1973 is vacated; and plaintiff’s motion for leave to appeal is denied. The motion in the Appellate Term for leave to appeal to this court was not timely made (Rules of the Appellate Term, Second and Eleventh Judicial Districts, § 731.11, subd. [b]; 22 NYCRR 731.11 [b]; CPLR 5513, subd. [c]). Therefore, we have no power to hear the appeal (cf. Stoddard v. City of New Tork, 12 N Y 2d 792; Chemical Bank v. Padilla, 41 A D 2d 814). Munder, Acting P. J., Martuscello, Latham, Gulotta and Benjamin, JJ., concur.

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

In an action by defendant’s former employee to recover damages for unlawful discharge, plaintiff appeals, by permission granted by order of this court dated May 18,1973, from an order of the Appellate Term of the 'Supreme Court, Second and Eleventh Judicial Districts, dated October 26, 1972, which affirmed a judgment of the Civil Court of the City of New York, Kings County, entered February 1,1972, in favor of defendant after a nonjury trial. Appeal dismissed, without costs; the above-mentioned order dated May 18, 1973 is vacated; and plaintiff’s motion for leave to appeal is denied. The motion in the Appellate Term for leave to appeal to this court was not timely made (Rules of the Appellate Term, Second and Eleventh Judicial Districts, § 731.11, subd. [b]; 22 NYCRR 731.11 [b]; CPLR 5513, subd. [c]). Therefore, we have no power to hear the appeal (cf. Stoddard v. City of New Tork, 12 N Y 2d 792; Chemical Bank v. Padilla, 41 A D 2d 814). Munder, Acting P. J., Martuscello, Latham, Gulotta and Benjamin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

42 A.D.2d 911, 347 N.Y.S.2d 962, 1973 N.Y. App. Div. LEXIS 3546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruggiano-v-board-of-education-nyappdiv-1973.

Opinion

Related

Cite This Page — Counsel Stack