| DARLENE BIRJUKOW V NIAGARA COATING SERVICES, INC., ALLEN RICHARDS AND JAMES BIRJUKOW |
| Motion No: CA 18-01705 |
| Slip Opinion No: 2018 NY Slip Op 90858(U) |
| Decided on October 16, 2018 |
| 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: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 18-01705
| DARLENE BIRJUKOW, PLAINTIFF-APPELLANT, V NIAGARA COATING
SERVICES, INC., ALLEN RICHARDS AND JAMES BIRJUKOW, DEFENDANTS-RESPONDENTS. |
Respondents having moved, pursuant to CPLR 5513 (a), to dismiss the appeal as untimely taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on April 26, 2018,
Now, upon reading and filing the affirmations of A. Nicholas Falkides, Esq., dated September 14, 2018, and September 28, 2018, the notice of motion with proof of service thereof, and the affirmation of Joanna J. Chen, Esq., dated September 26, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied on the ground that the appeal is timely (see CPLR § 5513 [a]; General Construction Law § 25-a [1]).
Entered: October 16, 2018
Mark W. Bennett, Clerk