Can an aggrieved respondent of a holdover case take an appeal without serving a judgment with notice of entry on the petitioner?

Real Estate 1 views 1 answers
In a Landlord/Tenant matter that was brought forth as a holdover eviction must the losing respondent first serve the judgment and notice of entry on the petitioner before taking an appeal? It's common knowledge that the 30 days time limit to appeal begins after the service of the judgment and the notice of entry but I was curious to know what would happen if the respondent attempted to take the appeal before the time limit even begins.

Attorney Answer

1
Steven Smollens ·
Dear Brooklyn Tenant: NYC Housing Court judgments are self entering. The form for the Notice of Appeal, posted by the Court for self-represented litigants does not make any reference to a notice of entry. See: http://www.nycourts.gov/courts/nyc/civil/forms/noticeofappeal.pdf The point in serving notice of entry is to start the clock on the adversary filing an appeal. But the prevailing party does not need to appeal. So the tenant does not need to wait for notice of entry from the landlord to file the Notice of Appeal. After all, if the landlord does not serve the Notice of Entry but proceeds to execute the warrant of eviction, what purpose did the tenant serve by not appealing as quickly as possible and gaining a stay pending appeal.
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