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In re Ellsman

77 N.Y.2d 926 Court N.Y. Decision date 1991-04-02 English

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p. 926
In the Matter of Florence Ellsman, a Person Alleged to be Incompetent. Marilyn Blaine, Appellant; James Rudolph, Respondent.
Submitted February 4, 1991;
decided April 2, 1991

Motion for leave to appeal dismissed. Dismissal of the appeal taken as of right for lack of prosecution was a determination on the merits of all claims which could have been litigated had that appeal been timely argued or submitted (Bray v Cox, 38 NY2d 350 ). [See, 77 NY2d 835 .]

Judge Titone taking no part.

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