Motion to extend time to take appeal denied as unnecessary. Memorandum: Because petitioner was never served with a copy of the judgment with notice of entry, petitioner’s time to file and serve a notice of appeal has not begun to run (see, CPLR 5513 [a]). Present—Green, J. P., Pine, Callahan, Doerr and Fallon, JJ.
The People of the State of New York ex rel. Alexander Michael Marathon, Petitioner, v. Joseph McCoy, as Superintendent of Cayuga Correctional Facility, Respondent
242 A.D.2d 977668 N.Y.S.2d 961
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