Antonia Ydago Flores, Claimant-appellant, v. Jesse Brown, Secretary of Veterans Affairs, Respondent-appellee, 22 F.3d 1106 (Fed. Cir. 1994)
Annotate this CaseBefore MICHEL, Circuit Judge, BENNETT, Senior Circuit Judge, and LOURIE, Circuit Judge.
ON MOTION
ORDER
MICHEL, Circuit Judge.
The Secretary of Veterans Affairs moves to waive the requirements of Fed. Cir. R. 27(e) and to dismiss Antonia Ydago Flores's appeal for lack of jurisdiction. Flores has not filed a response.
On September 13, 1993, the Court of Veterans Appeals entered judgment dismissing Flores's appeal for lack of jurisdiction. Flores filed a notice of appeal on November 29, 1993, 77 days after entry of judgment. To be timely, Flores's appeal was due within 60 days. 38 U.S.C. §§ 7291, 7292. Failure to timely file a notice of appeal extinguishes the right to appeal. Sofarelli Associates, Inc. v. United States, 716 F.2d 1395, 1396-97 (Fed. Cir. 1983).
Accordingly,
IT IS ORDERED THAT:
(1) The Secretary's motion to waive the requirements of Fed. Cir. R. 27(e) is granted.
(2) The Secretary's motion to dismiss is granted.
(3) Each side shall bear its own costs.
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