Simmons v. Kelly

Appellate Division of the Supreme Court of New York

Simmons v. Kelly

159 A.D.2d 1030, 555 N.Y.S.2d 595, 1990 N.Y. App. Div. LEXIS 3479

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

DecidedMarch 16, 1990

StatusPublished

Cited by4 cases

This text of 159 A.D.2d 1030 (Simmons v. Kelly) 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

Simmons v. Kelly, 159 A.D.2d 1030, 555 N.Y.S.2d 595, 1990 N.Y. App. Div. LEXIS 3479 (N.Y. Ct. App. 1990).

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Opinion

Motion to be relieved of abandonment and dismissal of transferred proceeding denied. Memorandum: On this motion pursuant to 22 NYCRR 1000.3 (b) (2) (i), petitioner has not provided a sufficient excuse for the inordinate delay of one year and eight months in submitting his brief (see, Matter of Johnson v Kelly, 147 AD2d 987). Moreover, the brief submitted with the motion indicates that the proceeding lacks merit. Present — Doerr, J. P., Boomer, Green, Lawton and Lowery, JJ.

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Motion to be relieved of abandonment and dismissal of transferred proceeding denied. Memorandum: On this motion pursuant to 22 NYCRR 1000.3 (b) (2) (i), petitioner has not provided a sufficient excuse for the inordinate delay of one year and eight months in submitting his brief (see, Matter of Johnson v Kelly, 147 AD2d 987). Moreover, the brief submitted with the motion indicates that the proceeding lacks merit. Present — Doerr, J. P., Boomer, Green, Lawton and Lowery, JJ.

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Bluebook (online)

159 A.D.2d 1030, 555 N.Y.S.2d 595, 1990 N.Y. App. Div. LEXIS 3479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-kelly-nyappdiv-1990.

Opinion

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