Petrillo v. Bates , 43 N.Y.2d 826 ( 1977 )

Motion for leave to appeal dismissed as untimely upon the ground that neither the notice of motion nor the supporting papers were filed with the court until after the August 15, 1977 statutory return date of the motion (see CPLR 5513, subd [c]; Nineteenth Ann Report of NY Judicial Council, 1953, p 86; cf. CPLR 5516).