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GOLDMAN v. AKL

Appellate Term of the Supreme Court of New York, Second Department
Feb 18, 2004
2004 N.Y. Slip Op. 50399 (N.Y. App. Term 2004)

Opinion

2003-455 Q C.

Decided February 18, 2004.

Appeal by plaintiff from so much of an order of the Civil Court, Queens County (A. Gazzara, J.), dated April 2, 2002, as granted the cross motion by defendant Gamal Akl for summary judgment dismissing the complaint.

Appeal unanimously dismissed.

PRESENT: PESCE, P.J., PATTERSON and GOLIA, JJ.


An appeal must be taken within 30 days after the appellant is served with a copy of the order appealed from and written notice of entry (CPLR 5513 [a]). According to the affidavit of service, the attorney for defendant Akl mailed a copy of the order with notice of entry to appellant's counsel on May 15, 2002. The appellant's notice of appeal was dated February 19, 2003. "A properly executed affidavit of service raises a presumption that a proper mailing occurred" ( Engel v. Lichterman, 62 NY2d 943, 944). Under CPLR 2103 (b) (2), service is complete upon mailing. The appellant failed to raise any issue regarding the validity of the affidavit of service. The statement by appellant's paralegal that appellant did not receive the order with notice of entry is insufficient to defeat the presumption that a proper mailing occurred ( Strober King Bldg. Supply Ctrs, Inc. v. Merkley, 266 AD2d 203; see also Kihl v. Pfeffer, 94 NY2d 118).


Summaries of

GOLDMAN v. AKL

Appellate Term of the Supreme Court of New York, Second Department
Feb 18, 2004
2004 N.Y. Slip Op. 50399 (N.Y. App. Term 2004)
Case details for

GOLDMAN v. AKL

Case Details

Full title:RENEE GOLDMAN, Appellant, v. GAMAL AKL, as Administrator of the Goods…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Feb 18, 2004

Citations

2004 N.Y. Slip Op. 50399 (N.Y. App. Term 2004)