Appeal by defendants from a judgment of the Civil Court, Kings County (B. Bayne, J.), entered July 23, 2003, upon a jury verdict in plaintiff's favor in the principal sum of $60,000.

Appeal unanimously dismissed.

The plaintiff established that the defendants' appeal was untimely. CPLR 5513 (a) provides in part that "an appeal as of right must be taken within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry . . ."

In the case at bar, plaintiff's attorney established that he mailed a copy of the judgment with written notice of entry to defendants' attorney as well as to both defendants individually on July 23, 2003 and that the defendants' notice of appeal was served upon plaintiff's attorney 58 days later. While the notice of entry referred to an order rather than a judgment, a copy of the judgment was sent with the notice of entry to the defendants' attorney.

In Falker v N.Y., W.S. & B. R. Co. (100 NY 86, 89 [1885]), the court stated:

"Although strict practice must be pursued to limit the time to appeal, and even a technical irregularity in giving the required notice will be considered, still there must be some irregularity, and a mere inaccuracy in the notice which violates no rule of practice and is in itself immaterial, will not be sufficient to avoid it."