← Cases

Murphy v. Niagara Frontier Transportation Authority

207 A.D.2d 1038 Court N.Y. App. Div. Decision date 1994-09-30 English

Contents

Majority

p. 1038
Thomas P. Murphy et al., Plaintiffs, v Niagara Frontier Transportation Authority, Respondent, and Concept Construction Corp., Appellant and Third-Party Plaintiff-Appellant. T & T Murray Company, Inc., Third-Party Defendant-Appellant.
[617 NYS2d 685]

—Motion to dismiss appeals granted and appeals dismissed without costs. Memorandum: The timely filing and serving of a notice of appeal is a jurisdictional prerequisite to an appeal. The time to file and serve the notice of appeal cannot be extended except under specific circumstances (see, CPLR 5514, 5520). None of those specific circumstances is present in this case, and the appeals, therefore, must be dismissed. Present—Pine, J. P., Balio, Lawton, Wesley and Boehm, JJ.