MATTER OF AETNA CAS. & SUR. CO. v. D'ELIA


149 A.D.2d 587 (1989)

In the Matter of Aetna Casualty & Surety Co., Respondent, v. Vincent D'Elia, Appellant

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

April 17, 1989


Ordered that the appeal is dismissed, without costs or disbursements.

CPLR 5513 (a) provides, in pertinent part, that, "[a]n appeal as of right must be taken within thirty days after service upon the appellant of a copy of the judgment or order appealed from and written notice of its entry". The record herein reveals that although the judgment with notice of entry was served on August 5, 1987, the appellant served its notice of appeal over four months later on or...

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