Johnson v. Anderson

Memorandum: The basic time limit to take an appeal is within 30 days after service upon the appellant of a copy of the judgment or order “and written notice of its entry” (CPLR 5513 [a]). The single exception to the general rule is where the appellant himself ‘ ‘ has entered the judgment or order or served notice of its entry ”, in which event his appeal is limited to 30 days after “ he did either ”. Here the appellants did not ‘ ‘ enter ’ ’ the order and the respondent served the notice of its entry. Appellants’ time to appeal, therefore, ran from the time of service of notice of entry upon…