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Milea v. City of Syracuse

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 20, 2009

THERESA MILEA AND EARL MILEA, INDIVIDUALLY, AND THERESA MILEA, AS PARENT AND NATURAL GUARDIAN OF ANTHONY MILEA, AN INFANT, PLAINTIFFS-APPELLANTS,
v.
CITY OF SYRACUSE, CITY OF SYRACUSE DEPARTMENT OF PUBLIC WORKS AND NELSON F. DERBY, JR., DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)

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.

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

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, CARNI, AND GREEN, JJ.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

20090320

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