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HECKER v. ALLSTATE LIFE INSURANCE COMPANY

298 A.D.2d 325 (2002)

748 N.Y.S.2d 861

GERALD HECKER, Appellant, v. ALLSTATE LIFE INSURANCE COMPANY et al., Respondents.

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

Decided October 31, 2002.

Defendants failed to timely submit proof that they served a copy of the order at issue with notice of entry upon plaintiff more than 30 days prior to the service of the notice of appeal (CPLR 5513 [a]). In the absence of such timely proof, this Court will not assume that the appeal is untimely (see Bowne of N.Y. v International 800 Telecom Corp., 178 A.D.2d 138).

Inasmuch as plaintiff never filed a note of issue, CPLR 3404...

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