| Walia, Balbir v Jodro Cab Corp., et al. |
| Motion No: 570003/08 |
| Slip Opinion No: 2008 NYSlipOp 61205(U) |
| Decided on January 16, 2008 |
| 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 16, 2008
Walia, Balbir v Jodro Cab Corp., et al.
It is Ordered that the motion to dismiss the notice of appeal as untimely is denied. The respondents have failed to annex a copy of the order, if any, that was filed with the Civil Court Clerk's Office and written notice of its entry. Accordingly, the motion to dismiss the appeal as untimely is denied. The Court notes that the appellant will need a written order, and a Notice of Appeal from same, in order for the appeal to proceed. The purported "order" appealed from in nothing more than an unsigned transcript of an oral decision ( Ojeda v. Metropolitan Playhouse, Inc., 120 AD2d 717 [1986] ).
By: Davis, J.P., Schoenfeld, Heitler, J.J.
Motion No. 570003/08