Opinion
2012-02-21
Daniel PERALTA, et al., Plaintiffs–Respondents, v. The CITY OF NEW YORK, Defendant–Appellant,P.O. Maurice Harrington, etc., et al., Defendants.
Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for appellant. Burns & Harris, New York (Blake G. Goldfarb of counsel), for respondents.
Michael A. Cardozo, Corporation Counsel, New York (Jane L. Gordon of counsel), for appellant. Burns & Harris, New York (Blake G. Goldfarb of counsel), for respondents.
Appeal from order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered June 22, 2010, which, to the extent appealed from as limited by the briefs, denied the motion of defendant City of New York to dismiss plaintiffs' claim pursuant to 42 USC § 1983, unanimously dismissed, without costs, as untimely.
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 N.Y. v. Office Control Sys., 78 N.Y.2d 1110, 578 N.Y.S.2d 868, 586 N.E.2d 51 [1991]; Matter of Xander Corp. v. Haberman, 41 A.D.3d 489, 490, 838 N.Y.S.2d 133 [2007]; compare *439 Matter of Reynolds v. Dustman, 1 N.Y.3d 559, 772 N.Y.S.2d 247, 804 N.E.2d 411 [2003] ).