Coonradt v. Averill Park Central School District

by appellants pursuant to rules of practice, 22 NYCRR 800.12 granted, without costs, and the clerk is directed to file appellants’ record and brief received on August 31, 1979. Cross motion by respondents to dismiss the appeal as untimely taken pursuant to CPLR 5513 (subd [a]) denied, without costs.' According to respondents’ attorney, the order sought to be appealed, together with notice of entry, was served on appellants’ attorney by mail on May 31, 1978. However, the affidavit of service by respondents’ attorney’s employee, submitted in support of the cross motion, is insufficient in that…