| NICHOLAS CARUSO AND RONALD J. CARUSO, V MICHAEL D. CHATFIELD, LANDSTAR RANGER, INC., . |
| Motion No: CA 18-00965 |
| Slip Opinion No: 2018 NY Slip Op 75755(U) |
| Decided on June 18, 2018 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 18-00965
| NICHOLAS CARUSO, PLAINTIFF, AND RONALD J. CARUSO,
PLAINTIFF-RESPONDENT-APPELLANT, V MICHAEL D. CHATFIELD, LANDSTAR RANGER, INC., DEFENDANTS-APPELLANTS-RESPONDENTS, ET AL.,
DEFENDANTS. |
Defendants Michael D. Chatfield and Landstar Ranger, Inc. having moved to dismiss the cross appeal by plaintiff Ronald J. Caruso taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on March 19, 2018, on the ground that the cross appeal was untimely taken pursuant to CPLR 5513 and 5515,
Now, upon reading and filing the affirmation of Joel B. Schechter, Esq., dated May 25, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and plaintiff Ronald J. Caruso's cross appeal is dismissed as untimely taken (see CPLR 5513 [2], [c], [d]; 2103 [b] [2]).
Entered: June 18, 2018
Mark W. Bennett, Clerk