PRESENT: CENTRA, J.P., CARNI, LINDLEY, DEJOSEPH, AND WINSLOW, JJ.

DOCKET NO. CA 18-01025

DANIEL J. CARUSO, PLAINTIFF-RESPONDENT, V COUNTY OF MONROE, DEFENDANT-APPELLANT, ET AL., DEFENDANT. COUNTY OF MONROE, DEFENDANT THIRD-PARTY PLAINTIFF, V WINDJAMMERS OF CHARLOTTE, INC. DOING BUSINESS AS WINDJAMMERS BAR AND GRILL, THIRD-PARTY DEFENDANT. LISA CARUSO, AN ADULT PERSON INCAPABLE OF PROSECUTING HER CLAIM BY WENDY KOPP, HER GUARDIAN, PLAINTIFF-RESPONDENT, V COUNTY OF MONROE AND DANIEL CARUSO, DEFENDANTS. COUNTY OF MONROE, DEFENDANT THIRD-PARTY PLAINTIFF, V WINDJAMMERS OF CHARLOTTE, INC. DOING BUSINESS AS WINDJAMMERS BAR AND GRILL, THIRD-PARTY DEFENDANTS.

Plaintiff/defendant Daniel J. Caruso and plaintiff Lisa Caruso having separately moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on February 22, 2018, on the ground that the appeal was untimely taken pursuant to CPLR 5513 (c), and

Now, upon reading and filing the affirmation of Norman A. Palmiere, Esq., dated June 7, 2018, the affidavit of Victor L. Mazzotti, Esq., sworn to June 8, 2018, and the affirmation of Nicole B. Palmerton, Esq., dated June 18, 2018, the notices of motion with proof of service thereof, and the affidavit of Matthew D. Brown, Esq., sworn to June 21, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiff/defendant Daniel J. Caruso's motions are dismissed and the appeal as to Daniel J. Caruso is deemed to be withdrawn, and

It is further ORDERED that plaintiff Lisa Caruso's motion is denied (see Blank v Schafrann, 206 AD2d 771, 773 [3d Dept 1994]).

Entered: July 18, 2018

Mark W. Bennett, Clerk