AGLIATA v. AGLIATA


158 A.D.2d 1007 (1990)

Edward A. Agliata, Respondent, v. Emmy E. Agliata, Appellant

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

February 2, 1990


Motion granted and appellant's time to file a stipulated or settled record containing the March 1, 1989 notice of appeal is extended to March 5, 1990.

Memorandum:

Because plaintiff-respondent had died, the notice of appeal dated May 25, 1988 was a nullity (see, Wisdom v Wisdom, 111 A.D.2d 13, 15). The record previously filed does not contain the notice of appeal dated March 1, 1989, which was served and filed...

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