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HAMLIN v. KIRNAN

181 A.D.2d 1077 (1992)

Brenda Hamlin, Respondent, v. Donald Kirnan, Appellant

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

March 13, 1992

Motion to dismiss appeal as untimely taken denied.

Memorandum:

The time to appeal does not begin to run until service of the order appealed from (see, Family Ct Act § 1113). In moving to dismiss the appeal, respondent has failed to submit sufficient proof of service of the order. The mailing by Family Court of its decision and order does not constitute the service contemplated by Family Court Act...

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