| Collins, Shirley v Morales, Isabel, et al. |
| Motion No: 570156/08 |
| Slip Opinion No: 2008 NYSlipOp 69494(U) |
| Decided on April 21, 2008 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
April 21, 2008
Collins, Shirley v Morales, Isabel, et al.
It is Ordered that the motion to dismiss the appeal as untimely is denied. The notice of entry must correctly state when and where, the order appealed from was entered. The party seeking to limit the time of another to take an appeal must be held strictly to the rules of practice and failure to comply therewith may not be overlooked. ( Nagin v Reynolds, 94 AD2d 710, [ 2nd Dept. 1983] ) .The appeal is adjourned to the September 2008 term. [ cal # 08-204 ]
By: McKeon, P.J., Davis, Heitler, J.J.
Motion No. 570156/08