Cotter v. Dodd

MILBERG, A.J.S.C.

Plaintiff Frances Cotter by way of a Notice of Motion seeks an extension of time within which to file a motion for trial de novo or in the alternative granting a trial de novo.

The case was arbitrated on April 22, 1985, at which time an award was handed down. R. 10B(1) of the Statewide Rules Governing Automobile Arbitration expressly limits the time for trial de novo motions to 30 days from the date of decision. In accordance with R. 10B(1), plaintiff’s time to file a motion for trial de novo expired on May 22, 1985.

Plaintiff’s motion was filed May 23, 1985, one day out of…