McGinn v. Board of Education (43 N.Y.2d 880, 1978)

Motion for leave to appeal dismissed upon the ground that the prior motion for leave to appeal, made to the Appellate Division, was untimely (CPLR 5513, subd [c]; cf. CPLR 5514, subd [a]; Cohen and Karger, Powers of the New York Court of Appeals, § 101, p 429; see, e.g., Schwartz v National Computer Corp., 38 NY2d 800).