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FORBES v. GIACOMO

157640/12, 15582, 15581

130 A.D.3d 428 (2015)

11 N.Y.S.3d 485

2015 NY Slip Op 05778

RENEE FORBES, Appellant, v. PAUL J. GIACOMO, JR., et al., Respondents.

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

Decided July 2, 2015.

Plaintiff did not file a notice of appeal from the October 24, 2013 order until months after she was served with the order and notice of entry, i.e. on July 8, 2014 (see CPLR 5513 [a]). Contrary to her contention, "a motion to reargue may not be used by a party to extend its time to appeal" (Luming Cafe v Birman, 125 A.D.2d 180, 180-181 [1st Dept 1986]).

No appeal lies from an order denying reargument (see Cangro...

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