Lum v. YWCA

Appellate Division of the Supreme Court of New York

Lum v. YWCA

136 A.D.2d 972, 525 N.Y.S.2d 82, 1988 N.Y. App. Div. LEXIS 1533

Appellate Division of the Supreme Court of the State of New York·Decided January 29, 1988·Published

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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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.

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).

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136 A.D.2d 972 (Lum v. YWCA) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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