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GLENDORA v. GALLICANO

206 A.D.2d 456 (1994)

615 N.Y.S.2d 45

Glendora, Appellant, v. Lydia Gallicano et al., Respondents

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

July 18, 1994

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, service by mail is complete upon the date the papers are deposited in the mail, not the date of receipt by the party to be served (see, CPLR 2103 [b]; Jenny Oil Corp. v Petro Prods. Distribs., 121 A.D.2d 687). Accordingly, the defendants timely served their motion to dismiss by mail delivery postmarked on May 4, 1993, which was...

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