COX v. CITY OF NIAGARA FALLS (2001)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of Emmett COX, Petitioner-Respondent, v. CITY OF NIAGARA FALLS and David A. Fabrizio, Individually and as Director of Personnel of City of Niagara Falls, Respondents-Appellants.

Decided: December 21, 2001

PRESENT: WISNER, J.P., HURLBUTT, KEHOE and BURNS, JJ.

Christopher M. Mazur, for respondents-appellants. Richard H. Wyssling, for petitioner-respondent.

On appeal from a judgment in favor of petitioner entered October 16, 1998, respondents contend that petitioner abandoned the proceeding by failing to serve respondents with a copy of the judgment with notice of entry pursuant to 22 NYCRR 202.48. Contrary to respondents' contention, 22 NYCRR 202.48 “speaks to the period within which a proposed order or judgment reflecting the disposition of a motion or matter must be drawn by a party” (Funk v. Barry, 89 N.Y.2d 364, 366, 653 N.Y.S.2d 247, 675 N.E.2d 1199) and does not apply to service of the judgment with notice of entry upon an opposing party. We have considered respondents' remaining contentions and conclude that they are without merit.

Judgment unanimously affirmed with costs.

MEMORANDUM:

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