The appeal must be dismissed because of plaintiff's failure to serve and file a notice of appeal within 30 days after defendant served plaintiff with a copy of the October 2, 2002 order with notice of entry (CPLR 5513 [a]). We reject plaintiff's argument that its time to appeal did not begin to run until defendant filed the stipulation on which the order was conditioned and served it on plaintiff with notice of entry. It does not avail plaintiff that had the stipulation been...
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