Norstar Bank of Upstate NY v. Office Control Systems, Inc.

OPINION OF THE COURT

Motion for leave to appeal dismissed as untimely. While the cover letter here stated only that the Appellate Division order was attached and did not specify that it was entered, the attached Appellate Division order was stamped entered with the date of entry and the name of the clerk of the court where the order was entered. Service of this cover letter together with the Appellate Division order constitutes service of the order with notice of entry so as to commence the running of appellant’s time to move for leave to appeal. Thus, the motion for leave to appeal made more…