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People ex rel. Marathon v. McCoy

242 A.D.2d 977 Court N.Y. App. Div. Decision date 1997-09-30 English

Contents

Majority

p. 977
The People of the State of New York ex rel. Alexander Michael Marathon, Petitioner, v Joseph McCoy, as
p. 978
Superintendent of Cayuga Correctional Facility, Respondent.
[668 NYS2d 961]

Motion to extend time to take appeal denied as unnecessary. Memorandum: Because petitioner was never served with a copy of the judgment with notice of entry, petitioner’s time to file and serve a notice of appeal has not begun to run (see, CPLR 5513 [a]). Present—Green, J. P., Pine, Callahan, Doerr and Fallon, JJ.