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Sultana v. Nassau Hospital

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1992
188 A.D.2d 647 (N.Y. App. Div. 1992)

Opinion

December 28, 1992

Appeal from the Supreme Court, Nassau County (Molloy, J.).


Ordered that the order is affirmed, without costs or disbursements.

The extension provided in CPLR 2103 (b) (2) constitutes legislative recognition of and compensation for delays inherent in mail delivery. That extension applies whether the actual number of days for responding is fixed by statute or by the court (see, Corradetti v Dales Used Cars, 102 A.D.2d 272) and whether the materials served constitute papers or the payment of costs. Based upon the application of the foregoing statutory provision to the facts of this case, we conclude that the plaintiffs complied with the provisions of an order of the Supreme Court, Nassau County, dated February 8, 1990, which directed their attorneys to pay costs in the sum of $2,500 to each of the law firms representing the defendants within 20 days after service upon them of a copy of that order. Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.


Summaries of

Sultana v. Nassau Hospital

Appellate Division of the Supreme Court of New York, Second Department
Dec 28, 1992
188 A.D.2d 647 (N.Y. App. Div. 1992)
Case details for

Sultana v. Nassau Hospital

Case Details

Full title:JOANN SULTANA et al., Respondents, v. NASSAU HOSPITAL et al., Appellants

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

Date published: Dec 28, 1992

Citations

188 A.D.2d 647 (N.Y. App. Div. 1992)
591 N.Y.S.2d 854

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