| 1689 First Ave., Inc. v Zheng, Zhifeng, et al. |
| Motion No: 570470/07 |
| Slip Opinion No: 2007 NYSlipOp 78957(U) |
| Decided on September 25, 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. |
September 25, 2007
1689 First Ave., Inc. v Zheng, Zhifeng, et al.
It is Ordered that the motion for reargument is granted. Upon reargument, the August 3, 2007 dismissal order of this court is vacated and the appeal, from the April 3, 2007 order of the Civil Court, is reinstated. The court notes that the notice of entry incorrectly stated that the order / judgment was entered in the Civil Court on April 3, 2007. No such entered or filed stamp of the Civil Court appears on the order annexed to the moving papers. 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] ). Accordingly, the appeal from the April 3, 2007 order is reinstated. The appeals may proceed on the original record of the trail court and type-written briefs. The cross-motion to reargue is denied.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570470/07