| Town House Mgt. v Belinsky, Joseph |
| Motion No: 570109/09 |
| Slip Opinion No: 2009 NYSlipOp 62824(U) |
| Decided on February 4, 2009 |
| 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. |
February 4, 2009
Town House Mgt. v Belinsky, Joseph
It is Ordered that the cross motion to dismiss the appeal as untimely is granted. The appellant's failure to serve and file the Notice of Appeal within thirty-five [35] days of service of a copy of the order, with notice of its entry, deprives this Court of jurisdiction to entertain the appellant's application for a stay. ( see CPLR § 5513[a] and 2103[b][2] ) Accordingly, the appeal is dismissed and the motion for a stay is denied as academic.
By: McKeon, P.J., Schoenfeld, Heitler, J.J.
Motion No. 570109/09