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BOWNE OF NEW YORK, INC. v. INT'L 800 TELECOM CORP.

178 A.D.2d 138 (1991)

Bowne of New York, Inc., Respondent, v. International 800 Telecom Corp., Appellant

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

December 3, 1991

Although the notice of appeal was filed more than 30 days after entry of the judgment, it does not appear that plaintiff served on defendant a copy of the judgment with notice of entry more than 30 days prior to the service of the notice of appeal (CPLR 5513 [a]). In the absence of such proof, this court will not assume that the appeal is untimely (Matter of Nancy C. v John J. O'C., 50 A.D.2d 800

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