Giordano v City of Mt. Vernon

[*1] Giordano v City of Mt. Vernon 2006 NY Slip Op 52258(U) [13 Misc 3d 141(A)] Decided on November 15, 2006 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 15, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT:: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ
2005-1864 W C.

A. Robert Giordano, EXECUTOR OF THE ESTATE OF ARNOLD BREHOUSE, as assignee of NEED OIL CORP., Appellant,

against

City of Mt. Vernon, HUTCHINSON PUMPSTATION, Respondent.

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.

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 [2006]).

Rudolph, P.J., Angiolillo and Tanenbaum, JJ., concur.
Decision Date: November 15, 2006