Majority
p. 1037In the Matter of Calvin Jones, Petitioner, v Thomas A. Coughlin, III, as Commissioner of Department of Correctional Services, Respondent. [617 NYS2d 704]
—Motion to extend time to take appeal denied. Memorandum: A timely notice of appeal is a jurisdictional prerequisite, and the time to take an appeal cannot be extended when the notice of appeal was neither timely filed nor served (see, CPLR 5514 [c]; 5520 [a]; see also, Pollack v Port Morris Bank, 257 NY 287 ). Present— Green, J. P., Pine, Doerr, Davis and Boehm, JJ.
Cases cited
- Pollak v. Port Morris Bank 257 NY 287 p. 1037