Ordered that the appeal is dismissed, with costs to the respondent.
An appeal must be taken within 30 days after the appellant is served with a copy of the judgment appealed from and written notice of its entry (see, CPLR 5513 [a]). The plaintiff mailed a copy of the judgment with notice of entry to the appellant's counsel on July 30, 1998. The notice of appeal was dated September 28, 1998. "A properly executed affidavit of service raises a presumption that...
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