EDGETT v. NORTH FORK BANK

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In an action to recover damages for personal injuries sustained in a motor vehicle accident, third-party defendant Northway Exchange Auto Auction (Northway) appeals from an order that, inter alia, denied its motion for summary judgment dismissing the third amended third-party complaint against it. Supreme Court properly denied the motion, regardless of its merits, inasmuch as Northway failed to provide in support of its motion a copy of all of the third-party pleadings ( see CPLR 3212 [b]; D.J. Enters. of W. N.Y. v Benderson, 294 AD2d 825).

We note in addition that, although defendant North Fork Bank (North Fork) purports to cross-appeal from those parts of the order denying its cross motion for summary judgment dismissing the fourth amended complaint against it and for summary judgment on the third amended third-party complaint against Northway, that cross appeal was deemed dismissed nine months after the service of the notice of appeal based on North Fork's failure to perfect it ( see 22 NYCRR 1000.12 [b]). North Fork has not moved to vacate that dismissal ( see 22 NYCRR 1000.13 [g]), and thus its requests for affirmative relief are not before us.