Wiser v. Koval
This text of 51 A.D.2d 704 (Wiser v. Koval) 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.
Opinion
Motion for leave to appeal to the Court of Appeals denied without prejudice to a timely renewal following dismissal of the appeal taken as of right to the Court of Appeals. Since the instant application for leave to appeal would be untimely unless movant. came within CPLR 5514 (subd [a]), the present application may not be considered while the appeal taken as of right to the Court of Appeals is pending therein. If and when the Court of Appeals dismisses the appeal taken as a matter of right, consideration of an application for leave to appeal may be made under CPLR 5514 (subd [a]). Concur—Stevens, P. J., Markewich, Lane and Nunez, JJ.
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Cite This Page — Counsel Stack
51 A.D.2d 704, 1976 N.Y. App. Div. LEXIS 11154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wiser-v-koval-nyappdiv-1976.