| 114 W. 26th St. Assoc., L.P. v Metropolis Fencing Sports Ctr. |
| Motion No: 570402/06 |
| Slip Opinion No: 2006 NYSlipOp 73973(U) |
| Decided on August 18, 2006 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
August 18, 2006
114 W. 26th St. Assoc., L.P. v Metropolis Fencing Sports Ctr.
The motion insofar as it seeks to dismiss the appeal as untimely is denied. Service of the Civil Court order with Notice of Entry having been made by mail, five (5) additional days notice should have been added to the time period to serve and file a Notice of Appeal.
By: McCooe, J.P., Davis, Schoenfeld, JJ.
Motion No. 570402/06