Gannon v. Juliano

*823In an action to recover damages for assault and battery, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Murphy, J.), entered May 4, 2010, as denied his renewed motion to vacate the dismissal of the action pursuant to CPLR 3216 and for leave to serve and file a late note of issue, and denied, as academic, the cross motion of the defendant Anthony Armenia for recusal.

Ordered that the appeal from so much of the order entered May 4, 2010, as denied, as academic, the cross motion of the defendant Anthony Armenia for recusal is…