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SGAMBELLURI v. TOWN OF COLONIE

36 A.D.2d 775 (1971)

Francis Sgambelluri, Appellant, v. Town of Colonie et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 3, 1971

This matter has been before this court previously. At that time we reversed the Special Term's order restoring the case to the Day Calendar, without prejudice to a renewal of the application within 20 days upon proper papers (34 A.D.2d 586). The application was not made within the 20-day period. Appellant contends he had an oral extension of time given by respondent's attorney. After a hearing, the Special Term found there was no oral stipulation...

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