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MATTER OF UPSET, INC. v. POWER AUTH. OF THE STATE OF NEW YORK

59 A.D.2d 630 (1977)

In the Matter of Upset, Inc., et al., Appellants, v. Power Authority of the State of New York et al., Respondents

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

September 15, 1977

Motion to dismiss, as untimely, appeal from judgment entered February 25, 1977 denied, without costs.

Since proper notice of entry of this judgment was never served on appellants, their time to appeal never commenced running (CPLR 5513, subd [a]) and the notice of appeal dated July 28, 1977 was therefore timely (Matter of Downey, 275 App Div 1008; compare Cremona & Co. v Dell, 6 A.D.2d 719, mot for lv to app den...

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