Messner v. Messner

Motion by defendant-respondent to dismiss an appeal by plaintiff from an order entered in the Supreme Court, Bronx County, on May 25, 1973, granting defendant’s motion for a protective order pursuant to CPLR 3103, is denied, without costs. A copy df the order appealed from, with notice of entry, was served by mail on June 1,1973. Plaintiff’s notice of appeal was not mailed until July 5, 1973, and was filed on July 6, 1973. Pursuant to CPLR 2103 (siibd. [b], par. 2), service of a copy of the order by mail added three days to the time prescribed by CPLR 5513 for the service of a notice of…