Stanley J. Ciura v Richard Muto

Ciura v Muto 2005 NY Slip Op 09840 [24 AD3d 1329] Decided on December 22, 2005 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., SCUDDER, KEHOE, MARTOCHE, AND HAYES, JJ.
1403 CA 05-00718

[*1]STANLEY J. CIURA, AS EXECUTOR OF THE ESTATE OF IRENE CIURA, DECEASED, ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS, ORDER

v

RICHARD MUTO, ET AL., DEFENDANTS. -



ROBERT H. MATHEIS, ET AL., INDIVIDUALLY AND ON BEHALF OF ALL THOSE SIMILARLY SITUATED, PLAINTIFFS-RESPONDENTS,

v

RICHARD MUTO, ET AL., DEFENDANTS. -



ZDARSKY, SAWICKI & AGOSTINELLI, PLAINTIFF-APPELLANT,

v

RICHARD MUTO, DEFENDANT. (APPEAL NO. 1.)


Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered May 28, 2004. The order, insofar as appealed from, granted that part of the motion of plaintiff Stanley J. Ciura, as executor of the estate of Irene Ciura, deceased, et al., on behalf of themselves and all others similarly situated, to vacate and render null and void the execution of a judgment on behalf of plaintiff Zdarsky, Sawicki & Agostinelli.


ZDARSKY, SAWICKI & AGOSTINELLI, BUFFALO (K. MICHAEL SAWICKI OF COUNSEL), PLAINTIFF-APPELLANT PRO SE.
HODGSON RUSS LLP, BUFFALO (CATHERINE GRANTIER COOLEY OF COUNSEL), DUKE, HOLZMAN, YAEGER & PHOTIADIS LLP, AND DAMON & MOREY, LLP, FOR PLAINTIFFS-RESPONDENTS AND CORECEIVERS IN THE CLASS ACTION.



It is hereby ORDERED that the order so appealed from be and the
same hereby is unanimously affirmed without costs. [*2]
Entered: December 22, 2005
JoAnn M. Wahl
Clerk of the Court