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Cook v. Bry-Lin Hospitals, Inc.

181 A.D.2d 1076 Court N.Y. App. Div. Decision date 1992-03-13 English

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p. 1076
Paul R. Cook, as Administrator of the Estate of Joyce Cook, Deceased, Respondent, v Bry-Lin Hospitals, Inc., Defendant, and Emanuel Amato, Appellant.

— Motion to declare appeal timely denied; cross motion to dismiss appeal denied and extension of time to perfect granted. Memorandum: There

p. 1077
is no authority for a motion "declaring that an appeal is timely taken”. Insofar as plaintiff's opposition to the motion may be considered as a cross motion to dismiss the appeal, it must be denied. Plaintiff has failed to show that, when a copy of the order appealed from was mailed to defense counsel on October 4, 1991, it was accompanied by a notice of entry (see, CPLR 5513). Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.