CHEM. BANK v. PADILLA


41 A.D.2d 814 (1973)

Chemical Bank v. Lorenzo F. Padilla.

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

April 5, 1973


The motion papers indicate that a copy of the order with notice of entry of the Appellate Term, sought to be appealed from was served by mail on October 11, 1972, but that the motion papers on the application in the Appellate Term for leave to appeal were not served until November 21, 1972, more than the 30 days permitted by CPLR 5513 (subd. [c]), plus the three days allowed by CPLR 2103 (subd. [b], par. 2). Movant has erroneously attempted to calculate the time to move in...

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