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Derrett v. Derrett

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 1023 (N.Y. App. Div. 1996)

Opinion

July 12, 1996

Present — Pine, J.P., Lawton, Balio, Davis and Boehm, JJ.


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 A.D.2d 675, 677; see also, Nagin v. Long Is. Sav. Bank, 94 A.D.2d 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.


Summaries of

Derrett v. Derrett

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 1023 (N.Y. App. Div. 1996)
Case details for

Derrett v. Derrett

Case Details

Full title:KELLY A. DERRETT, Respondent, v. RONALD J. DERRETT, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1996

Citations

229 A.D.2d 1023 (N.Y. App. Div. 1996)
646 N.Y.S.2d 465