Ahlers v. Ahlers

Apr 19, 1996
Versions:226 A.D.2d 1134
642 N.Y.S.2d 840
1996 N.Y. App. Div. LEXIS 5761

Motion to extend time to take appeal and for other relief denied. Memorandum: Because defendant has not been served with the order with notice of entry, the time to take an appeal has not begun to run (see, CPLR 5513 [a]); defendant needs no extension of that time. Because no appeal is pending, the motion for permission to proceed as a poor person on the appeal is premature. Present—Green, J. P., Lawton, Fallon, Callahan and Balio, JJ.