Opinion
CA 19-01253
10-17-2019
CHRISTOPHER FISCHER AND GABRIELLE LONERGAN, ON BEHALF OF THEMSELVES AND ALL OTHER EMPLOYEES SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS, v. JOSEPH GARGANO, SENIOR AND JOSEPH GARGANO, JUNIOR, DEFENDANTS-RESPONDENTS.
PRESENT:
Plaintiffs having moved to dismiss defendants' cross appeal taken herein from an order of the Supreme Court, Erie County, entered June 7, 2019, on the ground that the cross appeal was untimely taken pursuant to CPLR 5513,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted and the cross appeal is dismissed (see CPLR 5513 [a],[c]).
Entered: October 17, 2019
Mark W. Bennett
Clerk of the Court