Foss v. Regan

Motion for enlargement of time dismissed upon the ground that the Court of Appeals does not have power to enlarge the time within which to move for leave to appeal. CPLR 5520 (subd [a]) does not apply to the omission of failure to serve in view of movant’s failure to timely file the required papers on the motion for leave to appeal. Motion for leave to appeal dismissed for untimeliness.