[*1]
Goldman v Akl
2004 NY Slip Op 50399(U)
Decided on February 18, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 18, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:PESCE, P.J., PATTERSON and GOLIA, JJ.
NO. 2003-455 Q C

RENEE GOLDMAN, Appellant,

against

GAMAL AKL, as Administrator of the Goods, Chattels and Credits which were of EDITH JARSONBECK MOHAMED-AKL and JANNA K. WALD, Respondents.


Appeal by plaintiff from so much of an order of the Civil Court, Queens County (A. Gazzara, J.), dated April 2, 2002, as granted the cross motion by defendant Gamal Akl for summary judgment dismissing the complaint.


Appeal unanimously dismissed.

An appeal must be taken within 30 days after the appellant is served with a copy of the order appealed from and written notice of entry (CPLR 5513 [a]). According to the affidavit of service, the attorney for defendant Akl mailed a copy of the order with notice of entry to appellant's counsel on May 15, 2002. The appellant's notice of appeal was dated February 19, 2003. "A properly executed affidavit of service raises a presumption that a proper mailing occurred" (Engel v Lichterman, 62 NY2d 943, 944 [1984]). Under CPLR 2103 (b) (2), service is complete upon mailing. The appellant failed to raise any issue regarding the validity of the affidavit of service. The statement by appellant's paralegal that appellant did not receive the order with notice of entry is insufficient to defeat the presumption that a proper mailing occurred (Strober King Bldg. Supply Ctrs, Inc. v Merkley, 266 AD2d 203 [1999]; see also Kihl v Pfeffer, 94 NY2d 118 [1999]).
Decision Date: February 18, 2004