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MELVIN MONROE, PLAINTIFF-RESPONDENT, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., DEFENDANT THIRD-PARTY PLAINTIFF-APPELLANT; CLEVELAND WRECKING COMPANY, THIRD-PARTY DEFENDANT-RESPONDENT.

DECISION ORDER

ORDERED that the appeal from the order dated May 16, 2000, is dismissed; and it is further,

ORDERED that the order dated August 8, 2000, is affirmed; and it is further,

ORDERED that the plaintiff is awarded one bill of costs.

The appeal from the order dated May 16, 2000, must be dismissed, as the appellant is not aggrieved by that order insofar as appealed from since it neither moved for summary judgment dismissing the complaint nor joined in third-party defendant's motion for summary judgment dismissing the complaint (see, CPLR 5511; Papa v. Regan, 256 A.D.2d 452).

The Supreme Court providently exercised its discretion in denying, as untimely, the appellant's subsequent motion, inter alia, for summary judgment (see, CPLR 3212[a]; Haqq v. Synergy Gas, 256 A.D.2d 442; Olzaski v. Locust Val. Cent. School Dist., 256 A.D.2d 320; Anzalone v. Varis, 254 A.D.2d 381; Rich v. Ciano, 254 A.D.2d 268; Shmulevich v. Gabbidon, 253 A.D.2d 756; Krug v. Jones, 252 A.D.2d 572).

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MONROE v. CONSOLIDATED EDISON CO
(Mar 26, 2001)