Opinion
570389/07.
Decided October 8, 2008.
Defendant, as limited by the briefs, appeals from so much of an order of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), dated January 24, 2006, as granted plaintiff Devonshire Surgical Facility summary judgment in the principal sum of $3,000, and granted plaintiff Carnegie Hill Orthopedic Services partial summary judgment in the principal sum of $41,157.88.
Appeal from order (Barbara Jaffe, J.), dated January 24, 2006, dismissed, without costs.
PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ.
In view of plaintiffs' unrefuted showing that the notice of appeal from the January 24, 2006 order was not filed within 30 days of the service of the order with notice of entry, it was untimely and the appeal must therefore be dismissed ( see CPLR 5513[a]; Steinhardt Group, Inc. v Citicorp, 303 AD2d 326, lv denied 100 NY2d 506). Were the appeal properly before us, we would affirm. Plaintiffs established prima case their entitlement to first party no-fault benefits and defendant failed to raise a triable issue to defeat summary judgment.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur