Legal Opinion
Matter of Ellsman
New York Court of Appeals
Decided April 2, 1991PublishedCited by 2 opinions
1Opinion of the Court
Motion for leave to appeal dismissed. Dismissal of the appeal taken as of right for lack of prosecution was a determination on the merits of all claims which could have been litigated had that appeal been timely argued or submitted (Bray v Cox, 38 NY2d 350). [See, 77 NY2d 835.]
Judge Titone taking no part.
2Cases cited1 opinion
- Bray v. CoxNew York Court of Appeals · 1976
3Cited by2 opinions
- Flores v. Citizens International BankAppellate Division of the Supreme Court of the State of New York · 1996
- Sunseri v. Macro Cellular PartnersAppellate Division of the Supreme Court of the State of New York · 1999