Citation Codes Equivalent Citations citation codes Judges Mark C. Dillon See more information ... Smart Summary Please sign up to generate summary. HEATHER MOSES et al., Appellants, v. J.C. PENNEY CO., INC., et al., Respondents. Motion to dismiss appeal on ground notice of appeal not timely filed or served denied. Memorandum: A party seeking to limit the right of his adversary to appeal is held to strict practice (People ex rel. Manhattan Stor. Warehouse Co. v Lilly, 299 N.Y. 281; Good v Daland, 119 N.Y. 153). Since respondent did not serve the order appealed from on appellant's attorney of record, the motion to dismiss the appeal as untimely taken is denied.