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Figueroa v. Peeples

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


December 8, 2008

JACQUELINE FIGUEROA, PLAINTIFF-RESPONDENT,
v.
EARL PEEPLES, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Chancery Division, Family Part, Ocean County, Docket No. FM-15-347-99W.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 18, 2008

Before Judges Skillman and Grall.

This appeal from an order entered on July 13, 2007 was not filed until January 7, 2008. Rule 2:4-1(a) requires an appeal to this court to be filed within forty-five days of entry of the judgment. Rule 2:4-4(a) grants this court authority to extend the time for appeal for a period not exceeding thirty days upon a showing of "good cause." After expiration of that thirty-day period, this court has no authority to extend the time for appeal. See Cabrera v. Tronolone, 205 N.J. Super. 268, 271-72 (App. Div. 1985), certif. denied, 103 N.J. 493 (1986).

Defendant failed to file a notice of appeal until nearly six months after entry of the order from which the appeal was taken.

Therefore, the appeal was untimely and also filed well beyond the thirty-day period within which we could grant an extension upon a showing of good cause. Accordingly, the appeal is dismissed as untimely.*fn1


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