Saquan Gaddy an infant by his mother v RJS Transport LLC et al. .

Motion No: M-5128

Slip Opinion No: 2017 NYSlipOp 62627(U)

Decided on January 3, 2017

Appellate Division, First 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.

January 3, 2017

Saquan Gaddy, an infant by his mother

and natural guardian, Angela Falu,

Plaintiff-Respondent,

v

RJS Transport LLC, et al.,

Defendants-Appellants.

- - - - - - - - - - - - - -

RJS Transport LLC, et al.,

Third-Party Plaintiffs-Appellants,

Index No. 84050/15

against-

Tousseni Alidou, et al.,

Third-Party Defendants-Respondents.

An appeal having been taken to this Court by defendant/third-party plaintiffs from the order of the Supreme Court, Bronx County, entered on or about July 27, 2016, And plaintiff-respondent having moved to strike the notice of appeal as untimely taken (CPLR 5513[a]), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted and the appeal is dismissed. ENTERED: January 3, 2017

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Rosalyn H. Richter Sallie Manzanet-Daniels Barbara R. Kapnick,Justices

M-5128

Index No. 350078/14