Opinion
Motion No: 2014-00707 KC
07-30-2014
Moshe Bernstein, Appellant, v. Steven Goodine, Respondent.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss as untimely an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered July 25, 2013. Separate motion by appellant to amend the certificate of service of the notice of appeal nunc pro tunc.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is denied on condition that within 30 days of the date of this decision and order on motion appellant serve a copy of the notice of appeal at respondent's attorney's correct address (see CPLR 5520 [a]); and it is further,
ORDERED that appellant's motion is denied.
ENTER:
Paul Kenny
Chief Clerk