Hansing v. McGroarty

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Appellant’s counsel failed to file a note of issue within one year after the summons and complaint in this matter was filed with the trial court, and the case was dismissed by order in May 1987. An appeal was first taken to this court from the order for dismissal, but the proper appeal was from a judgment of dismissal, and we rejected the appeal in August 1987. Months later, appellant’s counsel moved the trial court for entry of a judgment. This appeal, from the resulting June 20, 1988 judgment, was served on the last day permitted for appeal from…