Legal Opinion

In re Baker

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 1989Published

1Opinion of the Court

— Motion to dismiss appeal granted unless appellant’s records and briefs are filed and served on or before June 20, 1989. Memorandum: The mistake in the notice of appeal specifying the "Third Department” rather than the "Fourth Department” is disregarded as immaterial since it affected no substantial right of respondent (see, People v Schoff, 266 App Div 158). Present—Callahan, J. P., Doerr, Boomer, Balio and Lawton, JJ.

2Cases cited1 opinion

  1. People v. SchoffAppellate Division of the Supreme Court of the State of New York · 1943