Appellate Division: Second Judicial Department

M163910

E/nl

MARK C. DILLON, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-02474, 2013-03375 Gregory Siragusa, respondent-appellant, v Robert F. Desposito, etc., et al., defendants-respondents, Laboratory Corporation of America Holdings, also known as Labcorp, appellant-respondent. (Index No. 600488/11)

DECISION & ORDER ON MOTION

Motion by Laboratory Corporation of America Holdings, also known as Labcorp, inter alia, to dismiss a cross appeal from an order of the Supreme Court, Nassau County, entered January 30, 2013, on the ground that Gregory Siragusa failed to pay his share of the joint record on appeal, and to dismiss an appeal from a decision of the same court dated November 26, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the cross appeal is dismissed, without costs or disbursements, on the ground that Gregory Siragusa is not aggrieved by the order entered January 30, 2013 (see CPLR 5511); and it is further,

ORDERED that the Gregory Siragusa's brief and the appellant-respondent's reply brief are stricken, and on or before December 2, 2013, Gregory Siragusa may serve and file a brief as a respondent, in connection with the appeal from the order entered January 30, 2013; and it is further,

ORDERED that the appellant-respondent shall serve and file a reply brief in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]; and it is further,

ORDERED that the branch of the motion which is to dismiss the cross appeal is denied as academic; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the decision is denied as unnecessary as that appeal was marked withdrawn by decision and order on motion of this Court dated June 5, 2013; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., SGROI, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court