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Matter of Simmons v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 1030 (N.Y. App. Div. 1990)

Opinion

March 16, 1990

Present — Doerr, J.P., Boomer, Green, Lawton and Lowery, JJ.


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 A.D.2d 987). Moreover, the brief submitted with the motion indicates that the proceeding lacks merit.


Summaries of

Matter of Simmons v. Kelly

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 1030 (N.Y. App. Div. 1990)
Case details for

Matter of Simmons v. Kelly

Case Details

Full title:In the Matter of FREDDIE SIMMONS, Petitioner, v. WALTER KELLY et al.…

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

Date published: Mar 16, 1990

Citations

159 A.D.2d 1030 (N.Y. App. Div. 1990)

Citing Cases

Matter of Sanchez v. Kelly

Motion to vacate abandonment and dismissal denied. Memorandum: Appellant has failed to set forth sufficient…

Ode v. Kelly

Motion to vacate abandonment and dismissal of proceeding denied. (See, Matter of Simmons v Kelly, 159 A.D.2d…