Legal Opinion

People v. Dommermuth Petroleum Equipment & Maintenance Corp.

Appellate Division of the Supreme Court of the State of New York

Decided April 7, 1983PublishedCited by 5 opinions

1Opinion of the Court

— Motion to dismiss appeals granted, without costs. Since the appeals were taken more than 30 days after service of the orders appealed from, they were untimely taken (CPL 460.10). Appellant’s reliance upon People v Caruso (37 AD2d 532) and People v Jayson (31 AD2d 551) is misplaced since those cases involved interpretations of the former Code of Criminal Procedure which provided that the time to appeal commenced with service of the order with notice of entry (former Code Grim Pro, § 521). Mahoney, P. J., Sweeney, Kane, Main and Casey, JJ., concur.

2Cases cited2 opinions

  1. People v. JaysonAppellate Division of the Supreme Court of the State of New York · 1968
  2. People v. CarusoAppellate Division of the Supreme Court of the State of New York · 1971

3Cited by5 opinions

  1. People v. MullinsAppellate Division of the Supreme Court of the State of New York · 1984
  2. People v. Roth, New York County Courts1985
  3. People v. Harris Corp., New York County Courts1984
  4. Al Tech Specialty Steel Corp. v. New York State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1987
  5. People v. J. R. Cooperage Co.New York Supreme Court · 1985