Opinion
May 23, 1986
Present — Dillon, P.J., Doerr, Pine, Lawton and Schnepp, JJ.
Motion to dismiss appeal as untimely taken denied. Memorandum: An appeal lies from a judgment entered upon an order granting a motion for summary judgment even though the time in which to appeal from the underlying order has expired (Endicott Johnson Corp. v Foldesy, 248 N.Y. 655; Flynn v City of Long Beach, 108 A.D.2d 840; contra, Acres v Hitchcock, 77 A.D.2d 744 , mot to dismiss appeal granted 51 N.Y.2d 877; see further, Donnelly v Bauder, 217 App. Div. 59).