Bernstein v. Nathan

Motion by petitioner to proceed upon the original record is dismissed without prejudice. Not only was the notice of motion not timely served (CPLR 2214, subd. [b]; 2103, subd. [b], par. 2) but in addition the papers fail to apprise the court of the nature of the appeal and do not contain either a copy of the notice of appeal or, as the case may be, a copy of the order transferring the article 78 proceeding to 'this court. Concur—Steuer, J. P., Capozzoli, Tilzer, Rabin and Macken, JJ.