| Citibank (SD), N.A. v Metidji |
| 2007 NY Slip Op 51486(U) [16 Misc 3d 132(A)] |
| Decided on July 12, 2007 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Loren Baily-Schiffman, J.), entered February 16, 2006. The order granted plaintiff's motion for summary judgment.
Appeal dismissed.
An appeal must be taken within 30 days after 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 order being appealed, with notice of entry, was served upon defendant on February 22, 2006. The notice of appeal was dated April 4, 2006, and marked paid by the Civil Court on April 7, 2006. "A properly executed affidavit of service raises a presumption that a proper mailing occurred" (Goldman v Akl, 3 Misc 3d
131[A], 2004 NY Slip Op 50399[U] [App Term, 2d & 11th Jud Dists] [internal quotation marks and citation omitted]), and service was complete upon mailing (CPLR 2103 [c]). Even with the additional five days added for mailing of the order and written notice of entry (CPLR 2103 [b] [2]; [c]), the time to appeal expired. Accordingly, the appeal must be dismissed as untimely.
Golia, J.P., Rios and Belen, JJ., concur.
Decision Date: July 12, 2007