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In re the Accounting of Kopp

41 A.D.2d 978 Court N.Y. App. Div. Decision date 1973-05-09 English

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p. 978
In the Matter of the Accounting of Ernst A. Kopp, as Cotrustee of the Trust Created by Lewis W. Barton, Deceased. Thomas Barton et al., Respondents; John J. Glavin, as Cotrustee of the Trust of Lewis Barton, Deceased, Appellant.

Motion to dismiss appeal as untimely taken denied, without costs and without prejudice to renewal upon á showing that written notice of entry of the Surrogate’s decree was served upon appellant so as to commence the running of his time to appeal (SCPA 2701; CPLR 5513, subd. [a]). Staley, Jr., J. P., Greenblott, Cooke, Sweeney and Kane, JJ., concur.