Shute v McLusky
2012 NY Slip Op 04464 [96 AD3d 1362]
June 8, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


Stewart M. Shute, Jr., Appellant, v Robert McLusky et al., Respondents. (Appeal No. 1.)

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

Riehlman, Shafer & Shafer, Tully (Joel I. Ross of counsel), for defendant-respondent Michael Bloom.

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered November 4, 2011. The order settled the record for appeals from judgments entered July 14, 2010 and September 9, 2010.

It is hereby ordered that said appeal is unanimously dismissed without costs (see CPLR 5511; see also Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482, 488 [1978]). Present—Scudder, P.J., Smith, Centra, Fahey and Peradotto, JJ.