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Lum v. YWCA

136 A.D.2d 972, 525 N.Y.S.2d 82, 1988 N.Y. App. Div. LEXIS 1533
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 29, 1988
StatusPublished

This text of 136 A.D.2d 972 (Lum v. YWCA) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lum v. YWCA, 136 A.D.2d 972, 525 N.Y.S.2d 82, 1988 N.Y. App. Div. LEXIS 1533 (N.Y. Ct. App. 1988).

Opinion

Motion to dismiss appeal denied. Memorandum: The motion to dismiss the appeal for failure to serve and file the notice of appeal timely is denied. The notice of entry, dated and mailed on July 22, reciting that the order being appealed from was entered on July 23, is obviously defective. Hence, appellant’s time to appeal was not limited (see, CPLR 5513 [a]). The party seeking to limit another party’s time to appeal must adhere strictly to the provisions of the statute (Kelly v Sheehan, 76 NY 325; Nagin v Long Is. Sav. Bank, 99 AD2d 827, Iv denied 63 NY2d 603). Present—Dillon, P. J., Doerr, Boomer, Balio and Lawton, JJ.

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Related

Kelly v. . Sheehan
76 N.Y. 325 (New York Court of Appeals, 1879)
Nagin v. Long Island Savings Bank
99 A.D.2d 827 (Appellate Division of the Supreme Court of New York, 1984)

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Bluebook (online)
136 A.D.2d 972, 525 N.Y.S.2d 82, 1988 N.Y. App. Div. LEXIS 1533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lum-v-ywca-nyappdiv-1988.