89 A.D.2d 732 | N.Y. App. Div. | 1982
Appeals (1) from an order of the Supreme Court at Special Term (Cobb, J.), entered May 5, 1981 in Albany County, which granted defendants’ motion to strike the case from the calendar of the court, and (2) from an order of said court (Pennock, J.), entered July 15, 1981 in Albany County, which denied defendants’ motion to dismiss the complaint for failure to state a cause of action. Defendant attorney represented plaintiff’s former husband in an article 78 proceeding against the New York State Environmental Conservation Department, which ended when the Appellate Division granted the Attorney-General’s motion to dismiss for failure to file a brief and record within the required time. Plaintiff contends that,