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Current Developments in the Commercial Divisions of the
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Posted: April 16, 2017

Appeal Dismissed Because Notice of Appeal Filed More Than 30 Days After Notice of Entry

On April 11, 2017, the First Department issued a decision in Hill Dickinson LLP v. Il Sole Ltd., 2017 NY Slip Op. 02756, dismissing an appeal as untimely, explaining:

The right of direct appeal from the April 2016 order terminated upon entry of a final judgment, and the order may only be reviewed upon appeal from the final judgment. As the notice of appeal from the order and judgment was served more than 30 days after service of the order and judgment, with notice of entry, it was untimely. This is a jurisdictional defect that cannot be waived.

(Internal citations omitted) (emphasis added).

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