Motion to dismiss appeal as untimely taken denied, without costs and without prejudice to renewal upon á showing that written notice of entry of the Surrogate’s decree was served upon appellant so as to commence the running of his time to appeal (SCPA 2701; CPLR 5513, subd. [a]). Staley, Jr., J. P., Greenblott, Cooke, Sweeney and Kane, JJ., concur.
In re the Accounting of Kopp
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1973-05-09
Citations: 41 A.D.2d 978
Copy CitationsLead Opinion