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. FountainOpinion
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.