| Emerald Shores, Inc., Landlord v Carol Galimi, Tenant, & "john Doe & Jane Doe", Undertenants. |
| Motion No: 2010-00861 qc |
| Slip Opinion No: 2010 NY Slip Op 76390(U) |
| Decided on June 30, 2010 |
| Appellate Term, Second 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
JOSEPH G. GOLIA, JJ.
DECISION & ORDER ON MOTION
| Emerald Shores, Inc., Landlord, v Carol Galimi, Tenant, and "John Doe and Jane Doe", Undertenants. |
Motion by tenant to enlarge her time to file a notice of appeal from a decision of the Civil Court of the City of New York, Queens County, dated February 9, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,
ORDERED that the motion by tenant for an enlargement of time file a notice to appeal is denied as unnecessary.
Tenant's time to file a notice of appeal pursuant to CPLR 5513, from a final judgment in favor of landlord, has not commenced to run because the service of the papers by landlord with notice of entry was defective. Landlord served a decision, which is not an appealable paper (see CPLR 5512 [a]; Farag v Farag, 4 AD3d 502 [2004]), and failed to serve the papers upon tenant's attorney (see CPLR 2103 [b]). Thus, the Civil Court should not have refused to accept tenant's notice of appeal for filing.
ENTER:
Michael L. Pesce
Presiding Justice