PERALTA v. CITY OF NEW YORK

6854, 310518/08, 6855.

92 A.D.3d 554 (2012)

938 N.Y.S.2d 438

2012 NY Slip Op 1336

DANIEL PERALTA et al., Respondents, v. CITY OF NEW YORK, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 21, 2012.


In its motion papers for reargument of the order denying its motion to dismiss, the City included a copy of the order appealed from, stamped with the date of its entry, and an affirmation by an attorney in support of the motion which referred to the enclosed order. This was sufficient to trigger the 30-day period to take an appeal for both parties (CPLR 5513 [a]; see Norstar Bank of Upstate NY v Office Control Sys., 78 N.Y.2d 1110

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