Dyer v. J. Y. J. Corp.

This is a motion to dismiss an appeal from a judgment of the City Court upon the ground that more than twenty days have elapsed since the case *116upon appeal was settled. See Appellate Term Rules, rule 3.

The appellant herein served the proposed case upon appeal on April 4, 1917, and the respondent did not serve any proposed amendments thereto within the ten days provided by rule 32 of the General Rules of Practice. Under rule 33 of said rules a party who omits to make a case on appeal, within the time required by rule 32, General Rules of Practice, or if a case is made within the required time…