James C. Couri Loses His Appeal

On August 26, 2009, James C. Couri complained in a open letter to the New York State Supreme Court, Appellate Division, First Department that he had been unfairly "targeted" by that court.  Specifically, Couri complained that the Appellate Division denied Couri's request to enlarge his time to perfect an appeal in a case unrelated to the Pavia-Couri litigation. Often requests to enlarge the time to perfect an appeal are granted, but not always. The decision is within the sound discretion of the court. Unsatisfied with the denial, Couri made a second motion asking the court to reconsider. On December 1, 2009, the Appellate Division denied Couri's request a second time. The lesson here is clear: perfect your appeal within the nine months allowed by law and do not rely on the court to grant more time.

EDITOR'S NOTE: In the Pavia-Couri litigation, Couri did not perfect his appeal of the jury's verdict, did not ask for more time, and his right to appeal expired. Case closed.