Adams v. Morin

Memorandum: This court lacks authority in civil actions to extend the time to take an appeal. We do not pass upon the question whether the petitioner’s time to appeal has expired. The time to take an appeal does not begin to run until the entry of an order and the service thereof with notice of entry (CPLR 5513). We deny the motion for leave to appeal as a poor person because we do not know if petitioner has timely taken an appeal. Present — Dillon, P. J., Doerr, Denman, Balio and Lawton, JJ.