In re Baker , 149 A.D.2d 986 ( 1989 )

— 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.