Opinion
May 8, 1997
Thomas P. Halley, Poughkeepsie, for appellant.
MEMORANDUM.
Order unanimously affirmed without costs.
UCCA 1304 in substance provides that where a trial takes place before a court without a jury it must render its decision within 30 days from the time when the case was submitted for that purpose. This section has been held to be mandatory and the failure to render a decision within said period affords the parties the right to seek a new trial (see, Nelson v. Di Lallo, 54 Misc.2d 133; Smith v. Weitz, 14 Misc.2d 519). However, where a decision has been rendered prior to the application for a new trial, the parties are deemed to have waived their right to such relief (see, Murch v. Marelli, NYLJ, May 31, 1990, at 29, col 5 [App Term, 9th 10th Jud Dists]; see also, Empire Crafts Corp. v. Grace China Co., 40 Misc.2d 957, affd 20 A.D.2d 851).
DiPAOLA, P.J., COLLINS and INGRASSIA, JJ., concur.