From Casetext: Smarter Legal Research

Cook v. Bry-Lin Hospitals, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1992
181 A.D.2d 1076 (N.Y. App. Div. 1992)

Opinion

March 13, 1992

Present — Boomer, J.P., Pine, Balio, Lawton and Davis, JJ.


Motion to declare appeal timely denied; cross motion to dismiss appeal denied and extension of time to perfect granted. Memorandum: There is no authority for a motion "declaring that an appeal is timely taken". Insofar as plaintiff's opposition to the motion may be considered as a cross motion to dismiss the appeal, it must be denied. Plaintiff has failed to show that, when a copy of the order appealed from was mailed to defense counsel on October 4, 1991, it was accompanied by a notice of entry (see, CPLR 5513).


Summaries of

Cook v. Bry-Lin Hospitals, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1992
181 A.D.2d 1076 (N.Y. App. Div. 1992)
Case details for

Cook v. Bry-Lin Hospitals, Inc.

Case Details

Full title:PAUL R. COOK, as Administrator of the Estate of JOYCE COOK, Deceased…

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

Date published: Mar 13, 1992

Citations

181 A.D.2d 1076 (N.Y. App. Div. 1992)