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Nowak v. Nowak

148 A.D.2d 1013 Court N.Y. App. Div. Decision date 1989-03-10 English

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p. 1013
David E. Nowak, Appellant, v Diane B. Nowak, Respondent.

Motion to dismiss appeal denied. Memorandum: Because no notice of entry of the original judgment has been served, the time to appeal has not yet begun to run. We do not address the issue of whether the notice of appeal from the amended judgment is effective as an appeal from the original judgment (see, Curran v City of Rochester, 50 AD2d 1059 , lv dismissed 38 NY2d 710 , 917). Present — Callahan, J. P., Boomer, Green, Pine and Davis, JJ.