Appellate Division of the Supreme Court of New York, 1983

People v. Dommermuth Petroleum Equipment & Maintenance Corp.

People v. Dommermuth Petroleum Equipment & Maintenance Corp.
Appellate Division of the Supreme Court of New York · Decided April 7, 1983
93 A.D.2d 917; 460 N.Y.S.2d 744; 1983 N.Y. App. Div. LEXIS 17805
People v. Dommermuth Petroleum Equipment & Maintenance Corp.

Opinion of the Court

— Motion to dismiss appeals granted, without costs. Since the appeals were taken more than 30 days after service of the orders appealed from, they were untimely taken (CPL 460.10). Appellant’s reliance upon People v Caruso (37 AD2d 532) and People v Jayson (31 AD2d 551) is misplaced since those cases involved interpretations of the former Code of Criminal Procedure which provided that the time to appeal commenced with service of the order with notice of entry (former Code Grim Pro, § 521). Mahoney, P. J., Sweeney, Kane, Main and Casey, JJ., concur.

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