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ROBERT BERNSTEIN ET AL. v. BOARD APPEALS (12/23/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


December 23, 1968

ROBERT BERNSTEIN ET AL., RESPONDENTS,
v.
BOARD OF APPEALS, VILLAGE OF MATINECOCK, APPELLANT

Christ, Acting P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.

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.

19681223

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