MATTER OF BERNSTEIN v. NATHAN


30 A.D.2d 657 (1968)

In the Matter of Hyman Bernstein v. Jason R. Nathan

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

June 20, 1968


Motion by petitioner to proceed upon the original record is dismissed without prejudice. Not only was the notice of motion not timely served (CPLR 2214, subd. [b]; 2103, subd. [b], par. 2) but in addition the papers fail to apprise the court of the nature of the appeal and do not contain either a copy of the notice of appeal or, as the case may be, a copy of the order transferring the article 78 proceeding...

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