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Burfield v. Commercial Union Insurance

229 A.D.2d 1023 Court N.Y. App. Div. Decision date 1996-07-12 English

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p. 1023
Joyce 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.