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FORT PLAIN FIRE DEP'T v. VILL. OF NELLISTON

56 A.D.2d 967 (1977)

Fort Plain Fire Department, Respondent, v. Village of Nelliston, Appellant

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

March 24, 1977

Motion to dismiss appeal as untimely taken denied, without costs. Since the notice of appeal was timely served, the late filing of the notice can and will be excused by the court (CPLR 5520, subd [a]; Messner v Messner, 42 A.D.2d 889

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