Opinion
September 30, 1994
Present — Pine, J.P., Balio, Lawton, Wesley and Boehm, JJ.
Motion for permission to proceed as poor person denied and appeal dismissed without costs. Memorandum: Plaintiff's motion for poor person relief is denied. Because the notice of appeal was not timely filed or served, the appeal must be dismissed (see, CPLR 5514 [c]; see also, Pollack v. Port Morris Bank, 257 N.Y. 287).