Benjamin, Weill & Mazer v. Copansky
Defendant Paul Copansky, appearing in propria persona on appeal as he did in the trial court , appeals from a judgment entered on January 2, 2008, in favor of plaintiff Benjamin, Weill & Mazer (Benjamin) and a postjudgment order entered on August 26, 2008, denying his motion to set aside the judgment as void. Benjamin filed a motion to dismiss the appeal on the ground that the notice of appeal, filed August 29, 2008, was untimely. We deferred ruling on the motion to the decision of the appeal on the merits. Having reviewed the record, Court conclude that the notice of appeal was not timely as to the judgment and we shall therefore grant the motion to dismiss the appeal insofar as it challenges the judgment. The appeal is timely, however, with respect to the order denying the motion to void the judgment, which Court shall affirm.
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