Adams v. Morin

Appellate Division of the Supreme Court of New York

Adams v. Morin

140 A.D.2d 1007, 529 N.Y.S.2d 719, 1988 N.Y. App. Div. LEXIS 6209

Appellate Division of the Supreme Court of the State of New York·Decided May 27, 1988·Published

Opinion

Memorandum: This court lacks authority in civil actions to extend the time to take an appeal. We do not pass upon the question whether the petitioner’s time to appeal has expired. The time to take an appeal does not begin to run until the entry of an order and the service thereof with notice of entry (CPLR 5513). We deny the motion for leave to appeal as a poor person because we do not know if petitioner has timely taken an appeal. Present — Dillon, P. J., Doerr, Denman, Balio and Lawton, JJ.

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Memorandum: This court lacks authority in civil actions to extend the time to take an appeal. We do not pass upon the question whether the petitioner’s time to appeal has expired. The time to take an appeal does not begin to run until the entry of an order and the service thereof with notice of entry (CPLR 5513). We deny the motion for leave to appeal as a poor person because we do not know if petitioner has timely taken an appeal. Present — Dillon, P. J., Doerr, Denman, Balio and Lawton, JJ.

Adams v. Morin, 140 A.D.2d 1007, 529 N.Y.S.2d 719, 1988 N.Y. App. Div. LEXIS 6209 (N.Y. Ct. App. 1988).

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140 A.D.2d 1007 (Adams v. Morin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.