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OLIVER v. ALCOG

155 A.D.2d 1001 (1989)

David Oliver et al., Appellants, v. Alcog et al., Respondents

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

November 15, 1989

Motion to dismiss appeal denied.

Memorandum:

We deny the motion of defendant-respondent to dismiss the appeal as untimely. Plaintiff-appellant served and filed his notice of appeal 34 days after he served the order by mail upon defendant-respondent. CPLR 2103 (b) (2) provides: "[W]here a period of time prescribed by law is measured from the service of a paper and service is made by mail, five days shall be added...

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