Skip to main content
· 3/12/1946

Claim Saponara v. Jill Bros.

Citations

  • 270 A.D. 869
  • 60 N.Y.S.2d 364
  • 1946 N.Y. App. Div. LEXIS 4369

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Article 78 papers are “filed” under New York law when received by the court, not when the pro se prisoner delivers them to prison officials for mailing
  • “The term ‘filing’ is statutorily defined as ‘the delivery of the ... notice of petition ... to the clerk of the court (quoting N.Y. C.P.L.R. § 304) (first alteration in original)
  • “Under this State's commencement-by-filing system, an article 78 proceeding is 'commenced by filing a notice of petition or order to show cause and a petition.' Claims asserted in such proceedings are deemed 'interposed' for Statute of Limitations purposes at the time of filing.”
  • statute defines term \filing\ as delivery to court clerk
  • statute defines term “filing” as delivery to court clerk

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.