| WILLIAM T. KOREN, JR. V MORGAN RAINTREE, LLC AND LYMAN JONES UNLIMITED, LLC |
| Motion No: CA 19-01263 |
| Slip Opinion No: 2019 NY Slip Op 79690(U) |
| Decided on September 5, 2019 |
| 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., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 19-01263
| WILLIAM T. KOREN, JR., PLAINTIFF-APPELLANT, V MORGAN RAINTREE,
LLC AND LYMAN JONES UNLIMITED, LLC, DEFENDANTS-RESPONDENTS. |
Respondent Morgan Raintree, LLC having moved, pursuant to CPLR 5513 (a), to dismiss the appeal taken herein from an order of the Supreme Court, Erie County, entered February 1, 2019, on the ground that appellant failed to timely file and serve the notice of appeal,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to dismiss is denied on the ground that the motion failed to include proof of service of the notice of entry dated February 4, 2019 (see CPLR 306 [a]; 22 NYCRR 202.5-b [h] [2]; 22 NYCRR 202.5-b [f] [2] [ii]).
Entered: September 5, 2019
Mark W. Bennett
Clerk of the Court