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People ex rel. Moore v. Williams

249 A.D.2d 1009 Court N.Y. App. Div. Decision date 1998-04-29 English

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p. 1009
The People of the State of New York ex rel. Houston Moore, Petitioner, v Melvin Williams, as Superintendent of Gowanda Correctional Facility, Respondent.
[672 NYS2d 279]

—Motion to extend time to file a notice of appeal denied as unnecessary. Memorandum: Because petitioner was never served with a copy of the judgment appealed from with notice of entry, his time to file a notice of appeal has not begun to run (see, CPLR 5513 [a]). Present — Pine, J. P., Lawton, Hayes, Wisner and Boehm, JJ.