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CIMINELLO v. SULLIVAN

2008-03641.

2009 NY Slip Op 06396

GEORGE A. CIMINELLO, appellant-respondent, v. BRIAN C. SULLIVAN, ET AL., respondents, ROBERT HARTFORD, respondent-appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 8, 2009.

Attorney(s) appearing for the Case

Gruenberg & Kelly, P.C., Ronkonkoma, N.Y. (Guy Gruenberg of counsel), for appellant-respondent.

John G. Griffin, Dix Hills, N.Y. (Susan R. Nudelman of counsel), for respondent-appellant.

Breen & Clancy, Hauppauge, N.Y. (Michael T. Clancy and Anne Marie Caradonna of counsel), for respondents Brian C. Sullivan and Gerard E. Sullivan.

Before: Peter B. Skelos, J.P., Anita R. Florio, John M. Leventhal, L. Priscilla Hall, JJ.

DECISION & ORDER

ORDERED that on the Court's own motion, the defendant Robert Hartford's notice of cross appeal from so much of the order as, sua sponte, in effect, granted the plaintiff leave to serve and file an amended complaint is treated as an application for leave to cross appeal from that portion of the order, and leave to cross appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the order is affirmed insofar as appealed...

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