CPLR 5513(a)

W. Rogowski Farm, LLC v County of Orange, 2019 NY Slip Op 01815 [2d Dept. 2019]

[W]e hold that service of the order or judgment with written notice of entry by any party upon the other parties to the action operates to commence the 30-day time to appeal with respect to not only the serving party, but all the parties in the action.

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[T]he language of CPLR 5513(a) as to who serves notice of entry is not limited to the “prevailing party,” or to “the appealing party,” or to “the party seeking to limit an adversary’s appellate time.” Rather, “a” party, which is unrestricted, necessarily refers to “any” party to an action. As a result, the service of an order or judgment with written notice of entry commences the 30-day time to appeal as to not only the party performing the service, but as to all other parties as well.

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The plaintiffs argue that the County’s motion to dismiss the complaint insofar as asserted against it is untimely, as the motion was not filed until after the parties’ briefs had been fully submitted, and that the issue is otherwise waived.
The County’s motion to dismiss is nevertheless entertained and granted on its merits. As previously noted, the time period for filing a notice of appeal is jurisdictional in nature and non-waivable.

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