| A.J. Silverman LLC v Hudson Equities Ltd. |
| Motion No: 570216/10 |
| Slip Opinion No: 2010 NY Slip Op 66452(U) |
| Decided on March 25, 2010 |
| 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. |
March 25, 2010
A.J. Silverman LLC v Hudson Equities Ltd.
The party seeking to limit the time of another to take an appeal must be held strictly to the rules of practice. Since service by mail was made to an incorrect address, the time period to file a notice of appeal did not commence at that time. Accordingly, the notice of appeal filed on February 17, 2010 is timely. In the event the appeal is not perfected by the September 2010 term - the filing deadline is July 1, 2010 , the plaintiff may move on five days' notice for an order dismissing the appeal for failure to diligently prosecute. The cross-motion is granted only to the extent of deeming the notice of appeal to be from the January 7, 2010, rather than January 17, 2010 judgment of the trial court.
By: McKeon, P.J., Schoenfeld, Shulman, J.J.
Motion No. 570216/10