ALICE MONTGOMERY V BURLINGTON COAT FACTORY OF TEXAS, INC., EXCEL BUILDING SERVICES CORPORATION, ALSO KNOWN AS EXCEL
Motion No: CA 22-00366
Slip Opinion No: 2023 NY Slip Op 63512(U)
Decided on March 15, 2023
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.


March 15, 2023

PRESENT: WHALEN, P.J., LINDLEY, MONTOUR, OGDEN, AND GREENWOOD, JJ.

CA 22-00366

ALICE MONTGOMERY, PLAINTIFF-APPELLANT,

V

BURLINGTON COAT FACTORY OF TEXAS, INC., EXCEL BUILDING

SERVICES CORPORATION, ALSO KNOWN AS EXCEL BUILDING

SERVICES, LLC, AND T2H SYRACUSE, INC., DOING BUSINESS AS

HELPING HANDS, DEFENDANTS-RESPONDENTS.


Defendant-respondent Burlington Coat Factory of Texas, Inc. having moved to dismiss the appeal taken herein from an order of the Supreme Court, Monroe County, entered February 15, 2022,

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 is denied.

Entered: March 15, 2023

Ann Dillon Flynn

Clerk of the Court