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In the Matter of Calvin Jones v. Thomas A. Coughlin, III, as Commissioner of Department of Correctional Services
—Motion to extend time to take appeal denied. Memorandum: A timely notice of appeal is a jurisdictional prerequisite, and the time to take an appeal cannot be extended when the notice of appeal was neither timely filed nor served (see, CPLR 5514 [c]; 5520 [a]; see also, Pollack v Port Morris Bank, 257 NY 287). Present— Green, J. P., Pine, Doerr, Davis and Boehm, JJ.