Opinion · Nylaw New York

DAYON v. DOWNE COMMUNICATIONS, INC., 38 N.Y.2d 795 (1975)

38 N.Y.2d 795

Type
Opinion
Court
Nylaw New York
Jurisdiction
Nylaw
Date
1975-12-22
Topic
general

DAYON v. DOWNE COMMUNICATIONS, INC., 38 N.Y.2d 795 (1975) AL DAYON, Individually and on Behalf of MASTER-CRAFT ELECTRONICS CORP.,Appellant, v. DOWNE COMMUNICATIONS, INC., et al., Respondents.Court of Appeals of the State of New York.Submitted December 1, 1975 Decided December 22, 1975 Motion to amend this court's order of dismissal dated June 7, 1973, considered as a motion for reconsideration of motion to dismiss the appeal, denied upon the ground it was not made promptly following entry of the order dismissing the appeal. An appellant whose appeal has been dismissed by this court and to whom some other method of taking an appeal is available except for time limitations in CPLR 5513 shall be deemed to have abandoned his appeal unless he: (1) makes timely use of CPLR5514 (subd [a]), or (2) promptly seeks reconsideration by this court to enable this court to transfer the appeal pursuant to New York State Constitution (art VI, § 5, subd b).

Citator

UpLaw has not yet analyzed DAYON v. DOWNE COMMUNICATIONS, INC., 38 N.Y.2d 795 (1975). The absence of a flag is not a finding that it is good law.

DAYON v. DOWNE COMMUNICATIONS, INC.,38 N.Y.2d 795(1975)
AL DAYON, Individually and on Behalf of MASTER-CRAFT ELECTRONICS CORP.,
Appellant, v. DOWNE COMMUNICATIONS, INC., et al., Respondents.
Court of Appeals of the State of New York.
Submitted December 1, 1975
Decided December 22, 1975
Motion to amend this court's order of dismissal dated JunePage 7967, 1973, considered as a motion for reconsideration of motion to dismiss the appeal, denied upon the ground it was not made promptly following entry of the order dismissing the appeal. An appellant whose appeal has been dismissed by this court and to whom some other method of taking an appeal is available except for time limitations in CPLR5513shall be deemed to have abandoned his appeal unless he: (1) makes timely use of CPLR5514(subd [a]), or (2) promptly seeks reconsideration by this court to enable this court to transfer the appeal pursuant to New York State Constitution (art VI, § 5, subd b).