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Security Options Corp. v. Shelton

22 A.D.2d 773 Court N.Y. App. Div. Decision date 1964-11-17 English

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p. 773
Security Options Corp. v. Richard Shelton.

Motion to vacate the dismissal ( 22 A D 2d 855 ) denied, without costs. The affidavits submitted by the appellant, including the affidavit previously submitted in opposition to the motion to dismiss the appeal, fail to present a satisfactory factual showing of a reasonable excuse for the delay in perfecting this appeal taken in September, 1962. Furthermore, the plaintiff appellant has failed to make a prima facie showing of merit. (See Tonkonogy v. Jaffin, 21 A D 2d 264 .) Concur — Botein, P. J., Breitel, Rabin, Eager and Staley, JJ.

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