Opinion
Submitted January 15, 1979
Decided February 22, 1979
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, BERNARD TOMSON, J.
Nicholas S. Carlisi, pro se, for motion.
Harvey O. Garber, opposed.
Motion for leave to appeal dismissed, with $20 costs and necessary reproduction disbursements, upon the ground that the supporting papers, including brief, were not served at least eight days prior to the January 15, 1979 statutory return date of the motion (CPLR 5516, 2214; 22 N.Y.CRR 500.9).
NOTICE TO THE BAR
The attention of the Bar is directed to the February 22, 1979 publication of a New York State Court of Appeals decision affecting the court's motion practice and procedure. In Dellaratta v International House of Pancakes [Carlisi, appellant], the court dismissed a motion for leave to appeal upon the ground supporting papers, including brief, were not served at least eight days prior to the statutory return date of the motion (CPLR 5516, 2214; 22 N.Y.CRR 500.9). (Emphasis added.)