Opinion
2005-1870 W C.
Decided November 17, 2006.
Appeal from an order of the City Court of White Plains, Westchester County (Eric Press, J.), entered September 26, 2005, deemed (see CPLR 5520 [c]) an appeal from the judgment entered on November 23, 2005. The judgment dismissing the action was entered pursuant to the September 26, 2005 order granting defendant's motion to dismiss the action and denying as academic plaintiff's cross motion to amend the caption.
Judgment affirmed without costs.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
In this small claims action seeking payment of an invoice for delivery of fuel oil, the court below properly dismissed the action as time-barred for the reasons stated by the Appellate Division, Second Department, in Giordano v Westchester County Dept. of Parks, Recreation Conservation ( 32 AD3d 897).
Rudolph, P.J., Angiolillo and Tanenbaum, JJ., concur.