Opinion
DOCKET NO. CA 12-02189
01-24-2013
JESSICA GILRAY, PLAINTIFF-APPELLANT, v. EAN TRUST, EAN HOLDINGS, LLC AND EAN HOLDINGS, LLC DOING BUSINESS AS ENTERPRISE RENT-A-CAR, AND EAN HOLDINGS LLC, DOING BUSINESS AS ENTERPRISE RENT-A-CAR, DEFENDANTS-RESPONDENTS.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on June 26, 2012, on the ground that the appeal was not timely taken pursuant to CPLR 5513,
Now, upon reading and filing the affirmations of Mark D. Wellman, Esq., dated November 20, 2012, and December 12, 2012, and the exhibits attached thereto, the notice of motion with proof of service thereof, and the affidavit of F. David Rusin, Esq., sworn to December 7, 2012, and the exhibits attached thereto, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted without prejudice to a motion to vacate dismissal of the appeal (cf. De Leonardis v Gaston Paving Co., 271 AD2d 839, 840).
Frances E. Cafarell, Clerk