Shute v McLusky
2012 NY Slip Op 04462 [96 AD3d 1360]
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, Respondent, et al., Defendant. (Appeal No. 1.)

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

Hiscock & Barclay, LLP, Syracuse (Timothy J. Demore of counsel), for defendant-respondent.

Appeal from an amended judgment (denominated amended order) of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered July 14, 2010. The amended judgment granted the motion of defendant Robert McLusky for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Scudder, P.J., Smith, Centra, Fahey and Peradotto, JJ.