In re the Arbitration between Stern Bros. & Livingston

The question posed for determination is whether appellants’ notice of appeal from the order of the court below staying arbitration was timely under the provisions of section 612 of the Civil Practice Act. This turns on whether the time to appeal commenced running from the date the order was entered or from the date appellants received from their adversary a copy of the very order they themselves had submitted, with notice of entry.

Respondent served its proposed order providing for a stay of arbitration, with notice of settlement, on April 16, 1956, while appellants served their counter…