Supreme Court, Appellate Division, First Department, New York.
Pearl REINFELD, etc., et al., Plaintiffs-Appellants,v.325 WEST END CORPORATION et al., Defendants-Respondents.
Dec. 4, 1973.
Appeal from an order of the Supreme Court, New York County, Abraham J. Gellinoff, J. The Supreme Court, Appellate Division, held that appeal would be dismissed where notice of appeal was filed more than 30 days after service of a copy of the order from which appeal was taken.
Appeal and Error 430(1)30k430(1) Most Cited Cases
Appeal would be dismissed when notice of appeal was filed more than 30 days after service of a copy of order from which appeal was taken, with notice of entry. CPLR 1022, 5513(a), 5514, 5520. **140 J. Golberg, New York City, for plaintiffs-appellants.
Samuel Kirschenbaum, A. Blumstein, New York City, for defendants-respondents.
Before MARKEWICH, J.P., and NUNEZ, KUPFERMAN, LANE and CAPOZZOLI, JJ.
**141 PER CURIAM.
*671 Appeal from order, Supreme Court, New York County, entered April 26, 1973, unanimously dismissed as untimely, without costs and without disbursements. The notice of appeal was filed more than thirty days after service of a copy of the order appealed from, with notice of entry. A motion to dismiss was granted unless the appeal was perfected for a stated term and it was so perfected. However, that time limitation (CPLR 5513(a)) could not thereby be waived. See 7 Weinstein-Korn-Miller, N.Y. Civil Practice 5513.02. Nor does this situation fall within any of the exceptions set forth in CPLR 5514, 5520, or 1022. If we did not dismiss, we would affirm on the merits.
350 N.Y.S.2d 140, 43 A.D.2d 671
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