Placede v. City of New York

*19—Appeal from an order of Supreme Court, New York County (Jane S. Solomon, J.), entered on or about June 4, 1993 which, to the extent appealed from, granted plaintiffs motion to preclude defendants from producing at trial a certain witness, unanimously dismissed, without costs.

The appeal is untimely (CPLR 5513 [a]) because the notice of appeal was filed approximately nine months after service of the order with notice of entry. Were we to consider the merits, we would affirm. While a party may not be compelled to produce a witness not within its control, it is under a duty to so inform the…