Posadas v Hamilton Hous. Dev. Co. Inc.

[*1] Posadas v Hamilton Hous. Dev. Co. Inc. 2012 NY Slip Op 50107(U) Decided on January 25, 2012 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 25, 2012
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
570213/11.

Felisa Vera Posadas, Plaintiff-Appellant,

against

Hamilton Housing Development Company Incorporated, Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), entered on or about August 19, 2010, which granted defendant's motion to dismiss the complaint on the ground of release.

Per Curiam.

Order (Jeffrey K. Oing, J.), entered on or about August 19, 2010, affirmed, without costs.

In view of defendant's unrefuted showing that plaintiff did not file a notice of appeal from the order sought to be reviewed within 30 days of service of the order with notice of entry, the appeal must be dismissed as untimely (see CPLR 5513[a]). In any event, were the appeal properly before us, we would affirm the grant of summary judgment to defendant based upon the clear and unequivocal terms of the release provision set forth in the parties' settlement stipulation (see J.O. Realty Assoc. v Shanley, 288 AD2d 27 [2001]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: January 25, 2012