MATTER OF STERN BROS. (LIVINGSTON)


2 A.D.2d 553 (1956)

In the Matter of the Arbitration between Stern Brothers, Respondent, and David Livingston, as President of District 65-C. I. O. Retail, Wholesale and Department Store Union, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 27, 1956.


Attorney(s) appearing for the Case

Irving Rozen of counsel (Weisman, Allan, Spett & Sheinberg, attorneys), for appellants.

Howard V. Ross of counsel (Edward L. Coffey with him on the brief; Simpson Thacher & Bartlett, attorneys), for respondent.

PECK, P. J., BREITEL and RABIN, JJ., concur; COX, J., dissents and votes to reverse and grant the motion.


BOTEIN, J.

The question posed for determination is whether appellants' notice of appeal from the order of the court below staying arbitration was timely under the provisions of section 612 of the Civil Practice Act. This turns on whether the time to appeal commenced running from the date the order was entered or from the date appellants received from their adversary a copy of the very order they themselves had...

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