New York Court of Appeals, 1991

Matter of Ellsman

Matter of Ellsman
New York Court of Appeals · Decided April 2, 1991
77 N.Y.2d 926; 572 N.E.2d 44; 569 N.Y.S.2d 603; 1991 N.Y. LEXIS 608

Matter of Ellsman

Opinion

Motion for leave to appeal dismissed. Dismissal of the appeal taken as of right for lack of prosecution was a determination on the merits of all claims which could have been litigated had that appeal been timely argued or submitted (Bray v Cox, 38 NY2d 350). [See, 77 NY2d 835.]

Judge Titone taking no part.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.