McDonald v. Freeman

186 A.D.2d 1095 Court N.Y. App. Div. Decision date 1992-10-07 English

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p. 1095

Sydney McDonald, Respondent, v Brian Freeman, Appellant.

— Motion to dismiss appeal denied. Memorandum: Petitioner failed to prove when, or, indeed, whether the order on appeal was served with notice of entry and thus her motion to dismiss respondent’s appeal as untimely must be denied (see, CPLR 5513 [a]). Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.