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Norstar Bank of Upstate N Y v. Office Control Systems

Court of Appeals of the State of New York
Nov 25, 1991
78 N.Y.2d 1110 (N.Y. 1991)

Opinion

Submitted October 7, 1991

Decided November 25, 1991

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Joseph Harris, J.

Robert M. Cohen for appellant.

Joseph M. Gaug for respondent.


Motion for leave to appeal dismissed as untimely. While the cover letter here stated only that the Appellate Division order was attached and did not specify that it was entered, the attached Appellate Division order was stamped entered with the date of entry and the name of the clerk of the court where the order was entered. Service of this cover letter together with the Appellate Division order constitutes service of the order with notice of entry so as to commence the running of appellant's time to move for leave to appeal. Thus, the motion for leave to appeal made more than 35 days after service of the cover letter and the Appellate Division order, was untimely (CPLR 5513 [b]; 2103 [b] [2]).


Summaries of

Norstar Bank of Upstate N Y v. Office Control Systems

Court of Appeals of the State of New York
Nov 25, 1991
78 N.Y.2d 1110 (N.Y. 1991)
Case details for

Norstar Bank of Upstate N Y v. Office Control Systems

Case Details

Full title:NORSTAR BANK OF UPSTATE NY, Respondent, v. OFFICE CONTROL SYSTEMS, INC.…

Court:Court of Appeals of the State of New York

Date published: Nov 25, 1991

Citations

78 N.Y.2d 1110 (N.Y. 1991)
578 N.Y.S.2d 873
586 N.E.2d 56

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