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In the Matter of GERALD GAINES, Appellant, v. THOMAS A. COUGHLIN, III, as Commissioner of the New York State Department of Correctional Ser

Mercure, J.

Petitioner's appeal must be dismissed as untimely. On July 20, 1995, petitioner was served with a copy of Supreme Court's judgment and written notice of its entry. Because service was effected by mail, petitioner had 35 days to file his notice of appeal (CPLR 5513 [a]; 2103 [b] [2]; [c]). On or about August 10, 1995, petitioner submitted an application to this Court seeking poor person status. In the application, he acknowledged having been served with the judgment. As of November 29, 1995, however, no notice of appeal had been filed. The only notice of appeal before this Court was not filed until January 22, 1996. The statutory requirements setting forth the time within which to bring an appeal are jurisdictional in nature and must be strictly adhered to ( see, Suarez v State of New York, 193 AD2d 1037).

Ordered that the appeal is dismissed, without costs.

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IN RE GAINES
(Feb 6, 1997)