Opinion
570213/11
01-25-2012
Felisa Vera Posadas, Plaintiff-Appellant, v. Hamilton Housing Development Company Incorporated, Defendant-Respondent.
PRESENT: , III, P.J., Schoenfeld, Hunter, Jr., JJ
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.