Majority
p. 883Charles Flick, Respondent, v Eastman Kodak Co., Inc., Defendant and Third-Party Plaintiff-Respondent. Monroe Piping & Sheet Metal, Inc., Third-Party Defendant and Fourth-Party Plaintiff-Respondent. Frontier Insulation/ Rochester, Inc., Fourth-Party Defendant-Appellant. [632 NYS2d 53]
Motion to dismiss appeal denied. Memorandum: An appeal must be taken within 30 days of service of the order to be appealed with notice of entry thereon (CPLR 5513 [a]). Frontier Insulation/Rochester, Inc., has never been served with a copy of the order dated May 31, 1994, with notice of entry, and, therefore, its time to appeal has not yet begun to run. Present — Pine, J. P., Lawton, Balio, Davis and Boehm, JJ.