MATTER OF LOMBARDI v. LOMBARDI


67 A.D.2d 896 (1979)

In the Matter of Maria Lombardi, Respondent, v. Anthony Lombardi, Appellant

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

February 27, 1979


The motion to dismiss the appeal is based on alleged lateness in taking the appeal. Section 1113 of the Family Court Act provides: "An appeal under this article must be taken no later than thirty days after the entry and service of any order from which the appeal is taken." It does not appear that any copy of the order appealed from was ever served upon appellant. Indeed, the parties are in agreement that all that was ever mailed...

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