Legal Opinion

Derr v. Fleming

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

Decided July 3, 2013Published

1Opinion of the CourtPeters, P.J.

Appeal from an order of the Supreme Court (O’Shea, J.), entered December 12, 2012 in Chemung County, which partially granted defendants’ motion to, among other things, divide the cost to reproduce a record on appeal.

The substantive facts are more fully set forth in our recent decision in this matter (106 AD3d 1240 [2013]). As here rele*855vant, after Supreme Court denied the parties’ cross motions for summary judgment and other relief, defendants appealed, and stipulated that they would perfect the appeal no later than October 1, 2012. While plaintiff subsequently filed a notice of cross appeal,…

2Cases cited7 opinions

  1. Stevens v. Central National BankNew York Court of Appeals · 1901
  2. Equitable Life Assurance Society of the United States v. HughesNew York Court of Appeals · 1890
  3. Ocasio v. OcasioAppellate Division of the Supreme Court of the State of New York · 1975
  4. People v. . Three Barrels FullNew York Court of Appeals · 1923
  5. Barton Realty Corp. v. ManganAppellate Division of the Supreme Court of the State of New York · 1966

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