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BOMBOY v. STATE

23 A.D.2d 713 (1965)

Peter Bomboy, Appellant, v. State of New York, Respondent. (Claim No. 40528.) Warren Bomboy, Appellant, v. State of New York, Respondent. (Claim No. 40529.)

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

March 12, 1965

MEMORANDUM BY THE COURT.

The application was denied upon the evident misapprehension that it was made more than one year after service of a copy of the order of dismissal (CPLR 5015, subd. [a], par. 1), the order having been entered September 10, 1963 and appellant asserting without contradiction that the copy served upon him was mailed on September 16, 1963 and received at his office on September 17, 1963. The claim, except...

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