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Appellate Division of the Supreme Court of New York, 1977

Fort Plain Fire Department v. Village of Nelliston

Fort Plain Fire Department v. Village of Nelliston
Appellate Division of the Supreme Court of New York · Decided March 24, 1977
56 A.D.2d 967; 1977 N.Y. App. Div. LEXIS 11377
Fort Plain Fire Department v. Village of Nelliston

Opinion of the Court

Motion to dismiss appeal as untimely taken denied, *968without costs. Since the notice of appeal was timely served, the late filing of the notice can and will be excused by the court (CPLR 5520, subd [a]; Messner v Messner, 42 AD2d 889). Koreman, P. J., Sweeney, Kane, Mahoney and Main, JJ., concur.

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