BRIAN PRUSIK PLAINTIFF APPELLANT v. LIBERTY MUTUAL INSURANCE GROUP INC DEFENDANT AND GEDDES FEDERAL SAVINGS AND LOAN ASSOCIATION DEFENDANT RESPONDENT (2025)

Supreme Court, Appellate Division, Fourth Department, New York.

BRIAN C. PRUSIK, PLAINTIFF-APPELLANT, v. LIBERTY MUTUAL INSURANCE GROUP, INC., DEFENDANT, AND GEDDES FEDERAL SAVINGS AND LOAN ASSOCIATION, DEFENDANT-RESPONDENT.

17 Decided: March 14, 2025

PRESENT: WHALEN, P.J., BANNISTER, GREENWOOD, NOWAK, AND KEANE, JJ.

WOODS OVIATT GILMAN LLP, ROCHESTER (ANDREW J. RYAN OF COUNSEL), FOR PLAINTIFF-APPELLANT. D.J. & J.A. CIRANDO, PLLC, SYRACUSE (REBECCA L. KONST OF COUNSEL), FOR DEFENDANT-RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Plaintiff appeals from an order that granted defendant Geddes Federal Savings and Loan Association's motion seeking, inter alia, to strike the note of issue and obtain further discovery. The right to appeal from an intermediate order terminates upon the entry of a final order resolving the case (see Matter of Aho, 39 NY2d 241, 248 [1976]; see generally CPLR 5501 [a] [1]). Because the record of this case in the New York State Courts Electronic Filing System establishes that a final order was entered on July 1, 2024, of which we take judicial notice (see McCann v Gordon, 204 AD3d 1449, 1449 [4th Dept 2022], appeal dismissed 38 NY3d 1158 [2022]), plaintiff's appeal from the intermediate order must be dismissed (see Triest v Nixon Equip. Servs., Inc. [appeal No. 2], 224 AD3d 1364, 1365 [4th Dept 2024]; McDonough v Transit Rd. Apts., LLC, 164 AD3d 1603, 1603 [4th Dept 2018]).

Entered: March 14, 2025

Ann Dillon Flynn

Clerk of the Court

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