Appellate Division: Second Judicial Department

M302358

ID/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2024-05621 US Coastal Insurance Company, plaintiff-respondent v Andrew Perillo, defendant third-party plaintiff appellant-respondent, Norman Barrett, et al., defendants-respondents; United States Liability Insurance Company, et al., third-party defendants- respondents, 23 C. Vek Inc., third-party defendant respondent-appellant. (Index No. 611491/2020)

DECISION & ORDER ON MOTION ,

Appeal and cross-appeal from an order of the Supreme Court, Nassau County, dated April 16, 2024. The appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent United States Liability Insurance Company to dismiss the cross-appeal on the ground that the cross-appeal was untimely taken. Motion by the respondent Nationwide Mutual Fire Insurance Company to dismiss the cross-appeal on the grounds that the cross-appeal was untimely taken and the respondent-appellant is not aggrieved by the order.

Upon the papers filed in support of the motion by the respondent United States Liability Insurance Company and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondent Nationwide Mutual fire Insurance Company and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondent United States Liability Insurance Company and the branch of the motion by the respondent Nationwide Mutual Fire Insurance Company which are to dismiss the cross-appeal on the ground that the cross-appeal was untimely taken are granted and the cross-appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the motion by the respondent Nationwide Mutual Fire Insurance is otherwise denied as academic.

LASALLE, P.J., CHAMBERS, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court