Opinion
CA 19-01263
09-05-2019
WILLIAM T. KOREN, JR., PLAINTIFF-APPELLANT, v. MORGAN RAINTREE, LLC AND LYMAN JONES UNLIMITED, LLC, DEFENDANTS-RESPONDENTS.
PRESENT:
Respondent Morgan Raintree, LLC having moved, pursuant to CPLR 5513 (a), to dismiss the appeal taken herein from an order of the Supreme Court, Erie County, entered February 1, 2019, on the ground that appellant failed to timely file and serve the notice of appeal,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to dismiss is denied on the ground that the motion failed to include proof of service of the notice of entry dated February 4, 2019 (see CPLR 306 [a]; 22 NYCRR 202.5-b [h] [2]; 22 NYCRR 202.5-b [f] [2] [ii]).
Entered: September 5, 2019
Mark W. Bennett
Clerk of the Court