Appellate Division of the Supreme Court of New York, 1964

Security Options Corp. v. Shelton

Security Options Corp. v. Shelton
Appellate Division of the Supreme Court of New York · Decided November 17, 1964
22 A.D.2d 773; 1964 N.Y. App. Div. LEXIS 2772
Security Options Corp. v. Shelton

Opinion of the Court

Motion to vacate the dismissal (22 A D 2d 855) denied, without costs. The affidavits submitted by the appellant, including the affidavit previously submitted in opposition to the motion to dismiss the appeal, fail to present a satisfactory factual showing of a reasonable excuse for the delay in perfecting this appeal taken in September, 1962. Furthermore, the plaintiff appellant has failed to make a prima facie showing of merit. (See Tonkonogy v. Jaffin, 21 A D 2d 264.) Concur — Botein, P. J., Breitel, Rabin, Eager and Staley, JJ.

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