—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.
Joyce Burfield, as Parent and Natural Guardian of Ronda Greasart, Respondent, v. Commercial Union Insurance Company, Appellant, et al., Defendants
229 A.D.2d 1023646 N.Y.S.2d 466
Authorities cited
No cited authorities resolved to law.co cases yet.