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MATTER OF JOHNSON v. KELLY

147 A.D.2d 987 (1989)

In the Matter of Kenneth Johnson, Petitioner, v. Walter Kelly et al., Respondents

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

February 3, 1989

Motion to vacate abandonment and dismissal of transferred proceeding granted and clerk directed to accept for filing briefs and appendices.

Memorandum:

Continued reliance upon the heavy workload of the Legal Aid Bureau as an excuse for the delay in perfecting the proceeding would make 22 NYCRR 1000.3 (b) (2) (i) meaningless. Therefore, we note that, in the future, we may not consider this a sufficient excuse to justify such a long delay in perfecting the proceeding...

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