Opinion
May 9, 1973
Motion to dismiss appeal as untimely taken denied, without costs and without prejudice to renewal upon a 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.