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Matter of Magid v. Gabel

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1966
25 A.D.2d 649 (N.Y. App. Div. 1966)

Opinion

March 31, 1966


Order, entered on December 6, 1962, denying respondent's cross motion to dismiss petition reversed on the law, with $50 costs and disbursements to appellant, and cross motion granted. This article 78 proceeding sought to review a final determination of the City Rent Administrator made and served on petitioner on October 16, 1962. The petition in such a proceeding must be filed in the Supreme Court within 30 days of the determination (Administrative Code, § Y51-9.0). The 30th day from October 16, 1962, was November 18, 1962, but as this was a Sunday the expiration date was November 19, 1962. The petition was filed November 20, 1962. It could therefore not be entertained ( Matter of Rosenblatt v. City Rent Rehabilitation Administration, 38 Misc.2d 253). Special Term denied the application on the ground that the papers did not show the filing date. The records of the court, which were called to Special Term's attention, did so show, and should have been accorded judicial notice.

Concur — Breitel, J.P., McNally, Stevens, Eager and Steuer, JJ.


Summaries of

Matter of Magid v. Gabel

Appellate Division of the Supreme Court of New York, First Department
Mar 31, 1966
25 A.D.2d 649 (N.Y. App. Div. 1966)
Case details for

Matter of Magid v. Gabel

Case Details

Full title:In the Matter of MILTON MAGID, Respondent, v. HORTENSE W. GABEL, as City…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 31, 1966

Citations

25 A.D.2d 649 (N.Y. App. Div. 1966)

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