Derrett v. Derrett

Appellate Division of the Supreme Court of New York

Derrett v. Derrett

229 A.D.2d 1023, 646 N.Y.S.2d 465, 1996 N.Y. App. Div. LEXIS 9132

Appellate Division of the Supreme Court of the State of New York·Decided July 12, 1996·Published

Opinion

—Motion to dismiss appeal denied. Memorandum: An appeal must be taken within 30 days of service of the judgment with notice of entry (CPLR 5513 [a]). If the judgment is not served with proper notice of entry, the time to appeal does not begin to run (Matter of Halpin v Perales, 203 AD2d 675, 677; see also, Nagin v Long Is. Sav. Bank, 94 AD2d 710). Although the judgment was served on March 6, 1996, no notice of entry, setting forth the time and place of entry, was served. The appeal is not untimely taken. Present— Pine, J. P., Lawton, Balio, Davis and Boehm, JJ.

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—Motion to dismiss appeal denied. Memorandum: An appeal must be taken within 30 days of service of the judgment with notice of entry (CPLR 5513 [a]). If the judgment is not served with proper notice of entry, the time to appeal does not begin to run (Matter of Halpin v Perales, 203 AD2d 675, 677; see also, Nagin v Long Is. Sav. Bank, 94 AD2d 710). Although the judgment was served on March 6, 1996, no notice of entry, setting forth the time and place of entry, was served. The appeal is not untimely taken. Present— Pine, J. P., Lawton, Balio, Davis and Boehm, JJ.

Derrett v. Derrett, 229 A.D.2d 1023, 646 N.Y.S.2d 465, 1996 N.Y. App. Div. LEXIS 9132 (N.Y. Ct. App. 1996).

Pincite

229 A.D.2d 1023 (Derrett v. Derrett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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