March 22, 2010
COUNTY OF BERGEN, PLAINTIFF-RESPONDENT,
IRIS COOPER-SHEPARD, AND ROD SHEPARD, DEFENDANTS-APPELLANTS.
On appeal from the Superior Court of New Jersey, Chancery Division, Bergen County, Docket No. C-233-06.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued March 2, 2010
Before Judges Fuentes, Gilroy and Simonelli.
On May 22, 2008, this court entered an unreported decision affirming the trial court's grant of summary judgment directing defendants Iris Cooper-Shepard and Rod Shepard to remove encroachments from a tract of plaintiff County of Bergen's parklands. County of Bergen v. Iris Cooper-Shepard, No. A-5905- 06 (App. Div. May 22, 2008). Although we confirmed the grant of summary judgment, we remanded the matter to enter an amended judgment to include a metes and bounds description of the encroached-upon area. On October 28, 2008, the Supreme Court denied defendants' petition for certification. 196 N.J. 600 (2008).
In June 2008, defendants filed a motion seeking to vacate the June 19, 2007 order that granted summary judgment, contending they had discovered new evidence proving plaintiff's complaint was time barred. On September 15, 2008, the trial court entered an order denying defendants' motion. On October 24, 2008, the court denied defendants' motion for reconsideration. On January 9, 2009, defendants filed their notice of appeal. Because the notice of appeal was not filed until 116 days after entry of the September 15, 2008 order, and 77 days after entry of the October 24, 2008 order denying reconsideration, we dismiss the appeal as untimely. See R. 2:4- 1(a) (requiring that appeals from final judgments "be taken within 45 days of their entry").
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