| Safia E. Seivwright v Ted Curtis a/k/a Bruce Simon Lido "john Doe" & "jane Doe" |
| Motion No: 2006-00336 KC |
| Slip Opinion No: 2007 NYSlipOp 67538(U) |
| Decided on April 17, 2007 |
| Appellate Term, Second 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. |
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
| SAFIA E. SEIVWRIGHT, Appellant, -against- TED CURTIS a/k/a BRUCE SIMON LIDO "JOHN DOE" and "JANE DOE" , Defendants, -and- MIDTOWN MOVING, Respondent. |
DECISION
That branch of the motion by respondent to dismiss appeal as untimely taken is granted.
That branch of the motion seeking leave to submit a respondent's brief is denied as academic.
The failure to timely serve and file a notice of appeal is jurisdictional, and the court is without power to enlarge the time within which an appeal must be taken (Hecht v City of New York, 60 NY2d 57, 61 [1983]). Moreover, because this defect goes to subject matter jurisdiction, it may be raised at any time, including, as in the present case, after argument (see Cappiello v Cappiello, 66 NY2d 107, 108 [1985]; Jones Sledzik Garneau & Nardone, LLP v Schloss, ___ AD3d ___, 2007 NY Slip Op 1081 [2d Dept]).