Bernstein v. Bd. of App., Vil. of Matinecock

Full title: ROBERT BERNSTEIN et al., Respondents, v. BOARD OF APPEALS, VILLAGE OF…

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

Date published: Dec 23, 1968

31 A.D.2d 650 (N.Y. App. Div. 1968)

Opinion

December 23, 1968

Motion by respondents to dismiss appeal on the ground appellant failed to take the appeal within the statutory 30-day limit (CPLR 5513, subd. [a]). Motion granted ( Matter of Stern Bros. [ Livingston], 2 A.D.2d 553, 556-557, affd. 3 N.Y.2d 964; People ex rel. Manhattan Storage Warehouse Co. v. Lilly, 299 N.Y. 281, 285; D.P.C. of North Shore v. Myrtle Mattress Clothing Co., 24 A.D.2d 722; cf. Johnson v. Anderson, 15 N.Y.2d 925); appeal dismissed, with $10 costs. Christ, Acting P.J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.