Hecker v. Allstate Life Insurance

Order, Supreme Court, New York County (Barbara Kapnick, J.), entered September 15, 2001, which denied plaintiff’s motion for an order restoring his case to the calendar and extending his time to file a note of issue, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion granted.

Defendants failed to timely submit proof that they served a copy of the order at issue with notice of entry upon plaintiff more than 30 days prior to the service of the notice of appeal (CPLR 5513 [a]). In the absence of such timely proof, this Court will not…