In re the Accounting of Kopp
1973 N.Y. App. Div. LEXIS 4511
| N.Y. App. Div. | 1973

Motion to dismiss appeal as untimely taken denied, without costs and without prejudice to renewal upon á 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.