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In the Matter of FRANK PRAVDA, Appellant, v. NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, Respondent.

MEMORANDUM AND ORDER

Lahtinen, J.

We agree with respondent that petitioner's appeals must be dismissed. Respondent has demonstrated that a copy of the judgment entered April 26, 2000, together with notice of entry, was served on petitioner on April 26, 2000 pursuant to CPLR 2103 (b). Petitioner's June 13, 2000 notice of appeal, therefore, is untimely (see, CPLR 5513 [a]) and the appeal from the judgment must be dismissed (see, Matter of Loeber v. Teresi, 256 A.D.2d 747, 749-750). Petitioner'spro se status does not relieve him of the obligation to comply with the time requirements for taking an appeal (see generally, Brooks v. Inn at Saratoga Assn., 188 A.D.2d 921). The May 31, 2000 order denying petitioner's motion for reconsideration of the dismissal of his petition was, in essence, the denial of a motion to reargue, which is not appealable (see, Matter of Dearstyne v. Rensselaer County District Attorney, 262 A.D.2d 723, lv dismissed 93 N.Y.2d 1036) and did not extend the time to appeal from the underlying judgment (see, Matter of Barnes [Council 82, AFSCME], 235 A.D.2d 826).

Mercure, J.P., Peters, Spain and Carpinello, JJ., concur.

ORDERED that the appeals are dismissed, without costs.

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IN RE PRAVDA v. N.Y. STATE DEPT., MOTOR VEH
(Sep 27, 2001)