Melcher v. Apollo Medical Fund Management L.L.C
Melcher v. Apollo Medical Fund Management L.L.C
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, the appeals by plaintiff that were dismissed in the October 2010 order of the Appellate Division reinstated, and the case remitted to the Appellate Division for further proceedings in accordance with this memorandum.
In its October 2010 order, brought up for review on this appeal, the Appellate Division sua sponte dismissed plaintiffs appeals without articulating the basis for its order. We conclude that dismissal was an abuse of discretion. No grounds for dismissing the appeals appear tenable from the record. Plaintiff timely perfected his appeals under the First Department’s rules, and the court did not give plaintiff adequate notice if it shortened the time period for him to perfect the appeals. On this record, the appeals could not have been properly dismissed for failure to comply with the court’s orders. Accordingly, plaintiffs
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, reversed, etc.
Reference
- Full Case Name
- James L. Melcher v. Apollo Medical Fund Management L.L.C.
- Cited By
- 1 case
- Status
- Published