LUM v. YWCA


136 A.D.2d 972 (1988)

Ping Lum, Respondent, v. Ywca, Appellant

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

January 29, 1988


Motion to dismiss appeal denied.

Memorandum:

The motion to dismiss the appeal for failure to serve and file the notice of appeal timely is denied. The notice of entry, dated and mailed on July 22, reciting that the order being appealed from was entered on July 23, is obviously defective. Hence, appellant's time to appeal was not limited (see, CPLR 5513 [a]). The party seeking to limit another party's time to appeal must adhere strictly to the provisions...

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