Appellate Division: Second Judicial Department

M218086

S/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-08963 Joseph Garay, plaintiff-respondent, v City of White Plains, et al., defendants third-party plaintiffs-appellants-respondents, New England Fire Equipment & Apparatus Corp., defendant-respondent, et al., defendant; American Test Center, Inc., third-party defendant-respondent-appellant. (Index No. 5551/11)

DECISION & ORDER ON MOTION

Appeal by the defendants third-party plaintiffs City of White Plains, City of White Plains Department of Public Works, and City of White Plains Department of Public Safety, and cross appeal by the third-party defendant American Test Center, Inc., from a clerk's extract of the minutes of a jury verdict of the Supreme Court, Westchester County, dated July 21, 2016. By decision and order on motion of this Court dated August 31, 2016, the appeal was dismissed, on the ground that no appeal lies from a clerk's extract of the minutes of a jury verdict (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591).

Now, on the Court's own motion, it is

ORDERED that the cross appeal is dismissed, without costs or disbursements, as no appeal lies from a clerk's extract of the minutes of a jury verdict (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591).

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court