| GREGORY MILLER V WEBB OF BUFFALO, LLC, , BURKE HOMES, LLC, AND TIME WARNER CABLE, INC., . |
| Motion No: CA 14-01716 |
| Slip Opinion No: 2014 NY Slip Op 93232(U) |
| Decided on December 12, 2014 |
| 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: SMITH, J.P., FAHEY, CARNI, AND SCONIERS, JJ.
DOCKET NO. CA 14-01716
| GREGORY MILLER, PLAINTIFF-RESPONDENT, V WEBB OF
BUFFALO, LLC, DEFENDANT-RESPONDENT-APPELLANT, BURKE HOMES, LLC, AND TIME WARNER CABLE, INC.,
DEFENDANTS-APPELLANTS-RESPONDENTS. |
Burke Homes, LLC 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 it was untimely taken,
Now, upon reading and filing the affirmation of Jonathan S. Hickey, Esq., dated November 13, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and Webb of Buffalo, LLC's cross appeal, insofar as it relates to Burke Homes, LLC, is dismissed as untimely taken (see CPLR 5513 [c]).
Entered: December 12, 2014
Frances E. Cafarell, Clerk