Majority
p. 752Pioneer Village Development Corporation, Appellant, v XAR Corporation, Respondent. Submitted September 17, 1979; decided October 25, 1979
Motion for leave to appeal dismissed, with $20 costs and necessary reproduction disbursements, upon the ground that
p. 753
the prior application for permission to appeal, made to the Appellate Division, was untimely (CPLR 5513, subd [c]; cf. CPLR 5514, subd [a]; Cohen and Karger, Powers of the New York Court of Appeals, § 101, p 429; see, e.g., Schwartz v National Computer Corp., 38 NY2d 800 ).
Cases cited
- Schwartz v. National Computer Corp. 38 NY2d 800 p. 753