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BURFIELD v. COMMERCIAL UNION INS. CO.

229 A.D.2d 1023 (1996)

646 N.Y.S.2d 466

Joyce Burfield, as Parent and Natural Guardian of Ronda Greasart, Respondent, v. Commercial Union Insurance Company, Appellant, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1996

Motion to dismiss appeal denied.

Memorandum:

The time to take an appeal runs from service of the underlying order with notice of entry (CPLR 5513 [a]), not from the filing of the underlying order. Plaintiff has not shown when service with notice of entry was made (see, CPLR 5513 [a]), and, therefore, plaintiff has not shown the appeal to be untimely...

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