· 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).
Sourced from CourtListener / Free Law Project (CC0).
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