Tarone v. Tarone, 918 N.E.2d 953 (NY 2009). · Go Syfert
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Tarone v. Tarone, 918 N.E.2d 953 (NY 2009). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 2 distinct courts.
Strongest positive: CJA Realty Holdings, LP v. 14 Phila St. LLC (nyappdiv, 2022-06-30)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (rule) CJA Realty Holdings, LP v. 14 Phila St. LLC
N.Y. App. Div. · 2022 · confidence medium
Although defendants served their notices of appeal upon plaintiff after the deadline set by this Court ( see 2021 NY Slip Op 68020[U] ), in the absence of any demonstrated prejudice flowing from the untimely service of the notices of appeal, we excuse defendants' failure in an exercise of our discretion ( see CPLR 2001, 5520 [a]; M Entertainment, Inc. v Leydier , 13 NY3d 827, 828-829 [2009]).
cited Cited as authority (rule) Matter of Miller v. Annucci
NY · 2021 · confidence medium
Accordingly, we reverse and remit for further proceedings ( see M Entertainment, Inc. v Leydier , 13 NY3d 827, 828-829 [2009]).
discussed Cited as authority (rule) Matter of Community Hous. Improvement Program v. Commissioner of Labor (2×) also: Cited "see"
N.Y. App. Div. · 2018 · confidence medium
We further note that the failure to comply with all of the relevant provisions of CPLR 2103 prevents service from being made pursuant thereto ( see M Entertainment, Inc. v Leydier , 13 NY3d at 828 [notice of appeal was not served because it was mailed from New Jersey, rather than from within New York, as was then required by CPLR 2103 (b) (2)]; Matter of Henry , 159 AD3d at 1395 [notice of appeal was not served because it was sent to counsel for the opposing parties by email, who had not agreed, pursuant to CPLR 2103 (b) (7), to accept service in that manner]).
discussed Cited as authority (rule) Matter of Oyague v. Clinton Correctional Facility
N.Y. App. Div. · 2017 · confidence medium
In view of petitioner’s pro se status and the absence of any allegation that the failure to file prejudiced respondent, we “grant an extension of time to enable [petitioner] to cure his mistake and, in the interest of justice and judicial economy, address the merits” (Carp v Marcus, 138 AD2d 775, 776 [1988] [citation omitted]; see CPLR 5520 [a]; M Entertainment, Inc. v Leydier, 13 NY3d 827, 828-829 [2009]; Gamble v Gamble, 23 AD2d 887, 887 [1965]). *1243 Upon the merits, we affirm.
cited Cited "see" Gibbs v. State Farm Fire & Cas. Co.
N.Y. App. Div. · 2019 · signal: see · confidence high
Co. v Kalina , 101 AD3d 1655 , 1657 [4th Dept 2012], quoting CPLR 5520 [a]; see M Entertainment, Inc. v Leydier , 13 NY3d 827, 828-829 [2009]).
cited Cited "see" Matter of Henry
N.Y. App. Div. · 2018 · signal: see · confidence high
Co. v Kalina , 101 AD3d 1655 , 1657 [4th Dept 2012]; see M Entertainment, Inc. v Leydier , 13 NY3d 827, 828-829 [2009]).
discussed Cited "see, e.g." Matter of Washington County Dept. of Social Servs. v. Oudekerk
N.Y. App. Div. · 2022 · signal: see also · confidence medium
Corp. , 151 AD2d 851, 851-852 [1989], lv denied 75 NY2d 704 [1990]; see Matter of Johnson v Smith , 80 AD3d 931, 932 [2011]; Matter of Malik v Coughlin , 127 AD2d 948, 949 [1987]; see also M Entertainment, Inc. v Leydier , 13 NY3d 827, 828-829 [2009]).
discussed Cited "see, e.g." Matter of Washington County Dept. of Social Servs. v. Oudekerk
N.Y. App. Div. · 2022 · signal: see also · confidence medium
Corp. , 151 AD2d 851, 851-852 [1989], lv denied 75 NY2d 704 [1990]; see Matter of Johnson v Smith , 80 AD3d 931, 932 [2011]; Matter of Malik v Coughlin , 127 AD2d 948, 949 [1987]; see also M Entertainment, Inc. v Leydier , 13 NY3d 827, 828-829 [2009]).
Retrieving the full opinion text from the archive…
Gregory J. Tarone, Appellant,
v.
Madeleine K. Tarone, Respondent
New York Court of Appeals.
Oct 22, 2009.
918 N.E.2d 953
Published

Appeal dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that the order appealed from does not finally determine the action within the meaning of the Constitution.