Gamble v. Gamble

In an action to set aside a separation agreement and for a judicial separation, the defendant appealed from an order of the Supreme Court, Kings County, dated December 1, 1964, which conditionally granted his motion to vacate an order sequestering his property and appointing a receiver. The plaintiff now moves to dismiss the appeal on the following grounds: (1) that the defendant, although he had served a timely notice of appeal on the plaintiff’s attorney, failed either to file such notice in the office of the clerk of the court or to serve it upon the receiver; and (2) that the defendant…