Gramercy Park Residence Corp. v Ellman, 2012 NY Slip Op 04289 (1st Dept. 2012)
“The appeal from the November 2005 judgment is not untimely due to the failure to serve notice of entry. To the contrary, such failure means that the 30-day time limit to notice the appeal never began to run, and thus, the appeal is timely (see Matter of Reynolds v Dustman, 1 NY3d 559 [2003]).”