Opinion
June 1, 1987
Appeal from the Supreme Court, Rockland County (Edelstein J.).
Ordered that the order is affirmed, with costs.
The plaintiff filed a notice of pendency in this action on October 25, 1982. By order to show cause dated October 23, 1985, the plaintiff moved for an order extending the period of effectiveness of the notice of pendency. The order to show cause, signed by Justice Kelly on October 23, 1985, also provided that the notice of pendency would be thereby extended pending the hearing and determination of the plaintiff's motion and the filing of the order of the court granting or denying the motion with the Clerk of Warren County. The plaintiff filed the signed order to show cause with the County Clerk of Warren County on October 24, 1985. However, the clerk failed to record or index the extension order.
CPLR 6513 provides, in relevant part, that "[a]n extension order shall be filed, recorded and indexed before expiration of the prior period [of the notice of pendency]."
The plaintiff should not lose the effect of the notice of pendency due to the failure of the County Clerk to record and index the extension order (see, Manton v Brooklyn Flatbush Realty Co., 217 N.Y. 284). Since the order was timely obtained and filed before expiration of the notice of pendency, it was proper for the court to direct the recording and indexing of the order nunc pro tunc as of October 24, 1985, the date of the filing of the order (cf., Carvel Dari-Freeze Stores v Lukon, 219 N.Y.S.2d 716, mod on other grounds 18 A.D.2d 700, lv dismissed 12 N.Y.2d 647). Mangano, J.P., Niehoff, Kunzeman and Kooper, JJ., concur.