Legal Opinion

Rivera v. Rivera

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

Decided July 15, 1994No. Appeal No. 2Published

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion by signing an order submitted by defendant more than 60 days after the court rendered its decision (see, 22 NYCRR 202.48). Whether to accept a late order rests within the sound discretion of the court and defendant provided an adequate excuse for the delay (see, Krueger v Wilde, 204 AD2d 990; Barnett v Star Mech. Corp., 171 AD2d 142, 146; cf., Tuller v Tuller, 162 AD2d 801, 801-802). (Appeal from Order of Supreme Court, Kings County, Schneier, J.—Abandonment of Motion.) Present—Pine, J. P.,…

2Cases cited3 opinions

  1. Barnett v. Star Mechanical Corp.Appellate Division of the Supreme Court of the State of New York · 1991
  2. Tuller v. TullerAppellate Division of the Supreme Court of the State of New York · 1990
  3. Krueger v. WildeAppellate Division of the Supreme Court of the State of New York · 1994

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