Low v. Bankers Trust Co.

The court has no power to grant an application for leave to appeal unless such application is made within thirty days after notice of entry of the order of the Appellate Division refusing leave to appeal, except that “ if the court be in recess during all or part of such period, an application may be made upon notice served within such period to be heard after the expiration thereof, if noticed for a day not later than ten days after the court shall have re-convened.” (Civ. Prac. Act, § 591.) An application is not made to the court until brought before the court upon proper notice. Regardless…