| JESSICA GILRAY V EAN TRUST, EAN HOLDINGS, LLC AND EAN HOLDINGS, LLC DOING BUSINESS AS ENTERPRISE RENT-A-CAR, AND EAN |
| Motion No: CA 12-02189 |
| Slip Opinion No: 2013 NY Slip Op 63152(U) |
| Decided on January 24, 2013 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 12-02189
| 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. |
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).
Entered: January 24, 2013
Frances E. Cafarell, Clerk