| 940 St. Nicholas LLC v Griggsby, Beverly C. |
| Motion No: 570247/07 |
| Slip Opinion No: 2009 NY Slip Op 72051(U) |
| Decided on May 11, 2009 |
| 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. |
May 11, 2009
940 St. Nicholas LLC v Griggsby, Beverly C.
It is Ordered that the motion for a stay pending an appeal is denied. The appeal of the 2007 order was dismissed for failure to prosecute and the appeal of the 2008 order will be dismissed as untimely. The appeal of the January 5, 2007 Civil Court order was dismissed for failure to diligently prosecute on July 31, 2007, almost two years ago. ( see 22 NYCRR § 640.6 ). Thereafter, on April 20, 2009, the movant filed a Notice of Appeal from the previously dismissed January 2007 order and also appealed from the subsequent October 17, 2008 order of the Civil Court. However, the latter order, with notice of its entry, was personally served on the movant's attorney on October 29, 2008. Therefore, the appellant had thirty [30] days thereafter to serve and file its Notice of Appeal. ( see CPLR § 5513[a] ). The timeliness of the notice of appeal is jurisdictional.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570247/07