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SMITH v. ELLENVILLE NAT'L BANK

59 A.D.2d 791 (1977)

Lawrence M. Smith, Appellant, v. Ellenville National Bank, Respondent

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

October 12, 1977

Motion by respondent to dismiss appeal as untimely taken denied, without costs. Cross motion by appellant for relief pursuant to CPLR 5520 (subd [a]) granted, without costs.

The notice of appeal filed on October 16, 1973 shall be deemed timely (see, e.g., Messner v Messner, 42 A.D.2d 889). Respondent's brief shall be filed and served on or before November 4, 1977. Appeal set down for term commencing November...

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