Servidone Construction Corp. v. Security Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—• Motion, insofar as it seeks to dismiss appeal from order entered August 19, 1980, granted, without costs. Since appellant took an appeal from such order and subsequently abandoned that appeal (see 22 NYCRR 800.12), issues which could have been raised thereon may not be raised on this appeal (see Bray v Cox, 38 NY2d 350; Marcello v Marcello, 92 AD2d 687; De Ronda v Greater Amsterdam School Dist., 91 AD2d 1008). Motion insofar as it seeks to dismiss appeal from order entered September 10, 1981, granted, without costs, since it appears that a timely appeal was not taken from such order.…
2Cases cited3 opinions
- Bray v. CoxNew York Court of Appeals · 1976
- Austrian Lance & Stewart, P. C. v. JacksonAppellate Division of the Supreme Court of the State of New York · 1975
- Marcello v. MarcelloAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by2 opinions
- Flynn v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1985
- In re the Estate of LuttrellAppellate Division of the Supreme Court of the State of New York · 1984