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MESSNER v. MESSNER

42 A.D.2d 889 (1973)

Catherine Messner v. Robert Messner

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

September 18, 1973

A copy of the order appealed from, with notice of entry, was served by mail on June 1, 1973. Plaintiff's notice of appeal was not mailed until July 5, 1973, and was filed on July 6, 1973. Pursuant to CPLR 2103 (subd. [b], par. 2), service of a copy of the order by mail added three days to the time prescribed by CPLR 5513 for the service of a notice of appeal. (See Sheehan v. Jaffa, 247 App. Div. 835.) Since the 33d day from the date of mailing (General Construction...

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