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BRIGHAM v. JAFFE

Index No. 653270/15. Appeal No. 1256412565-12565A. Case No. 2019-04117.

189 A.D.3d 475 (2020)

137 N.Y.S.3d 332

2020 NY Slip Op 07311

Thomas Brigham, Appellant, v. Mark M. Jaffe et al., Respondents.

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

Decided December 8, 2020.

Attorney(s) appearing for the Case

Thomas Brigham, appellant pro se.

Milber Makris Plousadis & Seiden, LLP, Woodbury ( Lorin A. Donnelly of counsel), for Mark M. Jaffe, Beth Pressman, B. Jaffe Real Estate Co. Inc., and B. Jaffe Real Estate Co. L.P., respondents.

Norris McLaughlin, P.A., New York ( Gerard Proefriedt of counsel) for Gerard Proefriedt and Norris McLaughlin & Marcus P.A., respondents.

Lewis Brisbois Bisgaard & Smith LLC, New York ( Steven R. Montgomery of counsel), for Sara Arnold, Oaklander Coogan & Vitto, P.C., respondents.

Concur—Acosta, P.J., Gische, Oing, González, Kennedy, JJ.

The notice of appeal that plaintiff, who was then represented by counsel, filed in July 2019 was timely, but it failed to identify the June 2019 order as the appealed from decision. Rather, that notice referenced the February orders. Plaintiff's October 2019 notice of appeal, which sought to correct the July 2019 notice of appeal and appeal the June 2019 order was untimely (see CPLR 5513[a]). Accordingly, the appeal from the June 2019 order is dismissed. In any event...

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