Security Options Corp. v. Shelton

Full title: SECURITY OPTIONS CORP. v. RICHARD SHELTON

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

Date published: Nov 17, 1964

22 A.D.2d 773 (N.Y. App. Div. 1964)

Opinion

November 17, 1964

Motion to vacate the dismissal ( 22 A.D.2d 855) denied, without costs. The affidavits submitted by the appellant, including the affidavit previously submitted in opposition to the motion to dismiss the appeal, fail to present a satisfactory factual showing of a reasonable excuse for the delay in perfecting this appeal taken in September, 1962. Furthermore, the plaintiff appellant has failed to make a prima facie showing of merit. (See Tonkonogy v. Jaffin, 21 A.D.2d 264.)

Concur — Botein, P.J., Breitel, Rabin, Eager and Staley, JJ.