| Moscatiello v Wyde True Value Lumber & Supply Corp. |
| Motion No: 2016-02710 |
| Slip Opinion No: 2016 NY Slip Op 91270(U) |
| Decided on November 14, 2016 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M220898
E/slL. PRISCILLA HALL, J.P.
SANDRA L. SGROI
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2016-02710 Nicholas Moscatiello, appellant, v Wyde True Value Lumber & Supply Corp., et al., defendants- respondents, EZ Dock Mid-Atlantic, also known as Tri-State EZ Dock, Inc., defendant third-party plaintiff-respondent; YMCA of Greater New York, New York YMCA Camp., third-party defendant (and a third-party action). (Index No. 2365/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to amend the caption to designate the third-party defendant as a respondent on an appeal from an order of the Supreme Court, Orange County, dated January 15, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied without prejudice to renew upon papers establishing that the third-party defendant is a proper respondent on the appeal.
HALL, J.P., SGROI, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court