Milea v City of Syracuse (2009 NY Slip Op 02143)

Milea v City of Syracuse

2009 NY Slip Op 02143 [60 AD3d 1386]

March 20, 2009

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 6, 2009

Theresa Milea et al., Appellants, v City of Syracuse et al., Respondents. (Appeal No. 1.)

—[*1] Michaels & Michaels, Syracuse, D.J. & J.A. Cirando, Esqs. (John A. Cirando of counsel), for plaintiffs-appellants.

Rory A. McMahon, Corporation Counsel, Syracuse (Nancy J. Larson of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered October 30, 2007 in a personal injury action. The order denied the cross motion of plaintiffs to dismiss as untimely the motion of defendants for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Scudder, P.J., Smith, Peradotto, Carni and Green, JJ.