Majority
p. 1023Joyce Burfield, as Parent and Natural Guardian of Ronda Greasart, Respondent, v Commercial Union Insurance Company, Appellant, et al., Defendants. [646 NYS2d 466]
—Motion to dismiss appeal denied. Memorandum: The time to take an appeal runs from service of the underlying order with notice of entry (CPLR 5513 [a]), not from the filing of the underlying order. Plaintiff has not shown when service with notice of entry was made (see, CPLR 5513 [a]), and, therefore, plaintiff has not shown the appeal to be untimely taken. Present—Pine, J. P., Lawton, Wesley, Balio and Boehm, JJ.