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Lawrence v. M.G. Ellis Agency, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 4, 1988
138 A.D.2d 980 (N.Y. App. Div. 1988)

Summary

In Lawrence, the respondent moved the Court to dismiss appellant's appeal because the notice of appeal was not timely filed.

Summary of this case from New York City Housing Authority v. Fountain

Opinion

March 4, 1988

Present — Doerr, J.P., Denman, Boomer, Green and Lawton, JJ.


Motion to dismiss appeal denied. Memorandum: The motion to dismiss the appeal on the ground that the notice of appeal was untimely filed and served is denied. Appellant's time to appeal was not limited because, in attempting to serve by mail, the judgment appealed from, respondent used the wrong zip code (see, Anthony v. Schofield, 265 App. Div. 423). This was more than a mere irregularity; it resulted in a substantial delay in the delivery of the judgment.


Summaries of

Lawrence v. M.G. Ellis Agency, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 4, 1988
138 A.D.2d 980 (N.Y. App. Div. 1988)

In Lawrence, the respondent moved the Court to dismiss appellant's appeal because the notice of appeal was not timely filed.

Summary of this case from New York City Housing Authority v. Fountain
Case details for

Lawrence v. M.G. Ellis Agency, Inc.

Case Details

Full title:GARY LAWRENCE, Respondent, v. M.G. ELLIS AGENCY, INC., Respondent, and NY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 4, 1988

Citations

138 A.D.2d 980 (N.Y. App. Div. 1988)

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