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BITON v. BAXTER HEALTHCARE CORP.

8166N, 8166NA, 103927/98.

99 A.D.3d 425 (2012)

951 N.Y.S.2d 392

2012 NY Slip Op 6567

CRYSTAL BITON, Appellant, v. BAXTER HEALTHCARE CORPORATION et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

October 2, 2012.

Having served the orders and notice of entry upon defendants by mail on October 27, 2011, plaintiff had until December 1, 2011 to file a notice of appeal, i.e., 35 days later (CPLR 5513 [a], [d]). Since she did not file a notice of appeal until December 7, 2011, the appeal must be dismissed (see Retta v 160 Water St. Assoc., L.P., 94 A.D.3d 623 [1st Dept 2012]). In addition, the order entered October 25, 2011 is not appealable as...

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