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Derrett v. Derrett

229 A.D.2d 1023, 646 N.Y.S.2d 465, 1996 N.Y. App. Div. LEXIS 9132
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 12, 1996
StatusPublished

This text of 229 A.D.2d 1023 (Derrett v. Derrett) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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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Related

Nagin v. Long Island Savings Bank
94 A.D.2d 710 (Appellate Division of the Supreme Court of New York, 1983)
Halpin v. Perales
203 A.D.2d 675 (Appellate Division of the Supreme Court of New York, 1994)

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Bluebook (online)
229 A.D.2d 1023, 646 N.Y.S.2d 465, 1996 N.Y. App. Div. LEXIS 9132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/derrett-v-derrett-nyappdiv-1996.