| 312 W. 48th St. Assoc., LLC v Lamberta, James, et al. |
| Motion No: 570758/06 |
| Slip Opinion No: 2007 NYSlipOp 60562(U) |
| Decided on January 10, 2007 |
| 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. |
January 10, 2007
312 W. 48th St. Assoc., LLC v Lamberta, James, et al.
It is Ordered that the motion to dismiss the appeal as untimely is denied. The Notice of Entry indicates that the July 7, 2006 order of the Civil Court was entered on June 7, 2006. The notice must correctly state when and where the judgment appealed from was entered. The party seeking to limit the time of another to take an appeal must be held strictly to the rules of practice and failure to comply therewith may not be overlooked. (see Nagin v. Long Island Savings Bank 94 AD2d 710 [ 1983 ] ) In the event the appeal is not perfected by the May 2007 term, the respondent may move on five days' notice for an order dismissing the appeal for failure to diligently prosecute.
By: McKeon, P.J., McCooe, Schoenfeld, J.J.
Motion No. 570758/06