| Matter of Wei v New York State Dept. of Motor Vehs. |
| 2008 NY Slip Op 08499 [56 AD3d 484] |
| November 5, 2008 |
| Appellate Division, Second Department |
| In the Matter of Meru C. Wei, Appellant, v New YorkState Department of Motor Vehicles, Respondent. |
—[*1] Andrew M. Cuomo, Attorney General, New York, N.Y. (Michelle Aronowitz and Robert C.Weisz of counsel; Megan B. Miller on the brief), for respondent.
In a proceeding pursuant to CPLR article 78 to review a determination of the New York StateDepartment of Motor Vehicles dated September 6, 2006, which denied the petitioner'sapplication for the reinstatement of her driver's license, the petitioner appeals from an order andjudgment (one paper) of the Supreme Court, Queens County (Dorsa, J.), entered April 30, 2007,which, inter alia, denied the petition and dismissed the proceeding.
Ordered that the appeal is dismissed, without costs or disbursements.
An appeal as of right must be taken "within thirty days after service by a party upon theappellant of a copy of the judgment or order appealed from and written notice of its entry"(CPLR 5513 [a]). "The time period for filing a notice of appeal is nonwaivable andjurisdictional" (Jones Sledzik Garneau& Nardone, LLP v Schloss, 37 AD3d 417, 417 [2007]; see Matter of Xander Corp. v Haberman,41 AD3d 489 [2007]). Here, the New York State Department of Motor Vehicles serveda copy of the order and judgment and written notice of its entry on May 4, 2007; however, thepetitioner's notice of appeal was not filed until on or about July 26, 2007, more than 70 days afterservice of the order and judgment with [*2]notice of entry.Accordingly, the appeal must be dismissed as untimely taken. Fisher, J.P., Lifson, Covello andBalkin, JJ., concur.