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Appellate Division of the Supreme Court of New York, 1977

Broughton v. Dona

Broughton v. Dona
Appellate Division of the Supreme Court of New York · Decided November 17, 1977
59 A.D.2d 995; 399 N.Y.S.2d 876; 1977 N.Y. App. Div. LEXIS 14268
Broughton v. Dona

Opinion of the Court

Motion by respondents to dismiss, as untimely, appeal from order entered September 2, 1977, denied, without costs. The papers *996indicate that the notice of appeal was timely filed on October 11, 1977. In view of this, the late service of the notice on October 13, 1977 can and will be excused by this court (CPLR 5520 (subd [a]). Greenblott, J. P., Sweeney, Kane, Mahoney and Main, JJ., concur.

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