Opinion
Motion No: CA 14-01716
01-23-2015
GREGORY MILLER, PLAINTIFF-RESPONDENT-APPELLANT, v. WEBB OF BUFFALO, LLC, DEFENDANT-RESPONDENT-APPELLANT, BURKE HOMES, LLC, AND TIME WARNER CABLE, INC., DEFENDANTS-APPELLANTS-RESPONDENTS.
PRESENT: , CARNI, SCONIERS, AND VALENTINO, JJ.
Defendant Time Warner Cable, Inc. having moved to dismiss Webb of Buffalo, LLC's cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on December 3, 2013, on the ground that the appeal was untimely taken,
Now, upon reading and filing the affidavit of Amanda L. Machacek, Esq., sworn to December 26, 2014, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied (see CPLR 5513 [a], [c]; Blank v Schafrann, 206 AD2d 771, 773).
Entered: January 23, 2015
Frances E. Cafarell, Clerk