FAZIO v. COSTCO WHOLESALE CORPORATION

5265, 117080/08.

85 A.D.3d 443 (2011)

924 N.Y.S.2d 381

2011 NY Slip Op 4740

SUSAN FAZIO et al., Respondents, v. COSTCO WHOLESALE CORPORATION, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 7, 2011.


We reject plaintiffs' contention that the appeal is untimely because defendant filed its notice of appeal 32 days after it was served electronically with notice of the entry of the order (see CPLR 5513 [a]). A New York State Court Electronic Filing (NYSCEF) site confirmation shows the date on which the order with notice of entry was filed electronically and e-mail notifications were sent to counsel for the parties. However, the NYSCEF site's transmission of notification...

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