Hamlin v. Kirnan

Full title: BRENDA HAMLIN, Respondent, v. DONALD KIRNAN, Appellant

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

Date published: Mar 13, 1992

181 A.D.2d 1077 (N.Y. App. Div. 1992)

581 N.Y.S.2d 517

Opinion

March 13, 1992

Present — Callahan, J.P., Boomer, Green, Pine and Davis, JJ.

Motion to dismiss appeal as untimely taken denied. Memorandum: The time to appeal does not begin to run until service of the order appealed from (see, Family Ct Act § 1113). In moving to dismiss the appeal, respondent has failed to submit sufficient proof of service of the order. The mailing by Family Court of its decision and order does not constitute the service contemplated by Family Court Act § 1113.