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Stoyle v. Schaub

93 N.Y.2d 884 Court N.Y. Decision date 1999-04-01 English

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p. 884
Robert E. Stoyle, Jr., Appellant, v Judith M. Schaub, Respondent.
Submitted February 16, 1999;
decided April 1, 1999

Motion for leave to appeal dismissed upon the ground that it does not lie from the Appellate Division order, appellant having previously moved in the Court of Appeals for leave to appeal ( 91 NY2d 1003 ) from the same Appellate Division order from which he currently seeks leave to appeal (see, Selinger v Selinger, 90 NY2d 842 ), and upon the further ground that the motion for leave to appeal from the final judgment (see, CPLR 5602 [a] [1] [ii]) is untimely (CPLR 5513).