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Partrick v. Preiser

42 A.D.2d 1000 Court Third Department, Decision date 1973-10-02 English

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p. 1000
Third Department,
October, 1973
(October 2, 1973)
Donald G. Partrick et al., Appellants, v. Gerald Preiser et al., Respondents.

Motion to dismiss appeal granted, without costs, and appeal dismissed upon the ground that it was not taken within the time limited by statute (CPLR 5513, subd. [a]), which time cannot be extended by consent of the parties (Ocean Acc. & Guar. Gorp. v. Otis Elevator Go291 N. Y. 254). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Kane, JJ., concur.