| S. Durante & Son, Inc. v Two Frogs Corp. |
| Motion No: 570461/08 |
| Slip Opinion No: 2008 NYSlipOp 83735(U) |
| Decided on September 23, 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. |
September 23, 2008
S. Durante & Son, Inc. v Two Frogs Corp.
It is Ordered that the motion to dismiss the appeal from an order dated June 27, 2008 and to vacate the stay is denied. The notice of entry indicates that the order was entered on June 20, 2008, when it was only issued on June 27, 2008. The notice of entry 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. Nagin v Long Island Savings Bank, 94 AD2d 710 ( 2nd Dep't 1983 ).
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570461/08