JACQUELINE FIGUEROA v. EARL PEEPLES

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2288-07T12288-07T1

JACQUELINE FIGUEROA,

Plaintiff-Respondent,

v.

EARL PEEPLES,

Defendant-Appellant.

__________________________________________________

 

Submitted November 18, 2008 - Decided

Before Judges Skillman and Grall.

On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Ocean County, Docket No. FM-15-347-99W.

Earl Peeples, appellant pro se.

Michael B. Berman, attorney for respondent.

PER CURIAM

This appeal from an order entered on July 13, 2007 was not filed until January 7, 2008. Rule 2:4-1(a) requires an appeal to this court to be filed within forty-five days of entry of the judgment. Rule 2:4-4(a) grants this court authority to extend the time for appeal for a period not exceeding thirty days upon a showing of "good cause." After expiration of that thirty-day period, this court has no authority to extend the time for appeal. See Cabrera v. Tronolone, 205 N.J. Super. 268, 271-72 (App. Div. 1985), certif. denied, 103 N.J. 493 (1986). Defendant failed to file a notice of appeal until nearly six months after entry of the order from which the appeal was taken. Therefore, the appeal was untimely and also filed well beyond the thirty-day period within which we could grant an extension upon a showing of good cause. Accordingly, the appeal is
dismissed as untimely.

We also note that defendant failed to perfect the appeal because he did not order a transcript of the trial court's statement of reasons for denial of his motion for visitation.

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A-2288-07T1

December 8, 2008