¶1Determination unanimously confirmed, with $20 costs and disbursements to respondent. The application to amend the petition is denied. It is obvious from the affidavit submitted that the petitioner is guilty of loches in his failure to make a timely application, and no adequate explanation is submitted to excuse the delay. Concur — Botein, P. J., Breitel, M. M. Frank, Valente and Stevens, JJ.
9 A.D.2d 606
McCusker v. Kelly
Appellate Division of the Supreme Court of the State of New York
Decided September 15, 1959
Appellate Division of the Supreme Court of the State of New York · decided 1959-09-15
Decided 1959-09-15