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ATM ONE v. LANDAVERDE

190 Misc.2d 76 (2001)

736 N.Y.S.2d 833

ATM ONE, L. L. C., Appellant, v. ANA LANDAVERDE, Respondent.

Supreme Court, Appellate Term, Second Department.

October 26, 2001.

Attorney(s) appearing for the Case

Wolfson & Grossman, Westbury (Mary T. Lucere of counsel), for appellant.

Community Legal Assistance Corp., Hempstead (Gina Calabrese of counsel), for respondent.

FLOYD, P. J., DOYLE and WINICK, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

On the court's own motion, appeals consolidated for disposition.

Appeal from order dated November 30, 2000 unanimously dismissed. Said order was superseded by the order of March 1, 2001.

Order dated March 1, 2001 unanimously affirmed without costs.

We disagree with the District Court insofar as it applied CPLR 2103 (b) (2), which adds 5 days when service...

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