Opinion
April 19, 1996
Present — Green, J.P., Lawton, Fallon, Callahan and Balio, JJ.
Motion to extend time to take appeal and for other relief denied. Memorandum: Because defendant has not been served with the order with notice of entry, the time to take an appeal has not begun to run ( see, CPLR 5513 [a]); defendant needs no extension of that time. Because no appeal is pending, the motion for permission to proceed as a poor person on the appeal is premature.