New York Court of Appeals

Eileen Malay v. City of Syracuse

May 14, 201525 N.Y.3d 323

Summary

The Court reversed the Appellate Division and held that when an appeal taken as of right is dismissed for the plaintiff’s failure to perfect the appeal, the prior action terminates for purposes of CPLR 205(a) on the date the appellate court dismisses the appeal, not on the date of the underlying order. Accordingly, the plaintiff’s state‑court action was timely filed.