| GREGORY MILLER, V WEBB OF BUFFALO, LLC, , BURKE HOMES, LLC, AND TIME WARNER CABLE, INC., . |
| Motion No: CA 14-01716 |
| Slip Opinion No: 2015 NY Slip Op 62453(U) |
| Decided on January 23, 2015 |
| 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., CARNI, SCONIERS, AND VALENTINO, JJ.
DOCKET NO. CA 14-01716
| GREGORY MILLER, PLAINTIFF-RESPONDENT-APPELLANT, V WEBB OF
BUFFALO, LLC, DEFENDANT-RESPONDENT-APPELLANT, BURKE HOMES, LLC, AND TIME WARNER CABLE, INC.,
DEFENDANTS-APPELLANTS-RESPONDENTS. |
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