| Ameristar Fin. Co., LLC , et al. v Perkins, Patsy, et al. |
| Motion No: 570467/05 |
| Slip Opinion No: 2006 NYSlipOp 80501(U) |
| Decided on November 28, 2006 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
November 28, 2006
Ameristar Fin. Co., LLC , et al. v Perkins, Patsy, et al.
It is Ordered that the motion is granted. The appeal is dismissed. The appellant's failure to timely serve and file her Notice of Appeal within thirty-five days after being served with a copy of the order/judgment sought to be appealed, with notice of its entry, mandates its dismissal. ( see CPLR § 5513[a] & 2103[b][2] )
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570467/05