| 1689 First Ave., Inc. v Zhen, Zhifeng, et al. |
| Motion No: 570470/07 |
| Slip Opinion No: 2007 NYSlipOp 74851(U) |
| Decided on August 6, 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. |
August 6, 2007
1689 First Ave., Inc. v Zhen, Zhifeng, et al.
It is Ordered that the motion for permission to appeal on the original record of the trial court is granted, only insofar as it pertains to the May 23, 2007 order of the Civil Court. The cross-motion to dismiss the appeal of the April 3, 2007 order as untimely is granted. The appellant's failure to serve and file a Notice of Appeal within thirty-five (35) days of service of a copy of the order / judgment, with notice of its entry, mandates its dismissal. (see CPLR § 5513[a] ). The cross-motion insofar as it seeks the dismissal of the May 23, 2007 order as not appealable is denied, without prejudice to raising the issue in the answering briefs on the appeal.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570470/07