Charles H. Miller v Patsy Cappara
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Miller v Cappara
2005 NY Slip Op 09971 [24 AD3d 1329]
Decided on December 22, 2005
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 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: PIGOTT, JR., P.J., GREEN, KEHOE, MARTOCHE, AND PINE, JJ.
1606 CA 05-01456
[*1]CHARLES H. MILLER AND BARBARA R. MILLER, PLAINTIFFS-APPELLANTS, ORDER
v
PATSY CAPPARA AND DEBORAH CAPPARA, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered August 31, 2004. The order granted defendants' motion to dismiss the complaint in a declaratory judgment action.
GERALD P. GORMAN, HAMBURG, FOR PLAINTIFFS-APPELLANTS.
ANSUINI & POHLMAN, BLASDELL (JAY A. POHLMAN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Entered: December 22, 2005
JoAnn M. Wahl
Clerk of the Court
Decided on December 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE, MARTOCHE, AND PINE, JJ.
1606 CA 05-01456
[*1]CHARLES H. MILLER AND BARBARA R. MILLER, PLAINTIFFS-APPELLANTS, ORDER
v
PATSY CAPPARA AND DEBORAH CAPPARA, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered August 31, 2004. The order granted defendants' motion to dismiss the complaint in a declaratory judgment action.
GERALD P. GORMAN, HAMBURG, FOR PLAINTIFFS-APPELLANTS.
ANSUINI & POHLMAN, BLASDELL (JAY A. POHLMAN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Entered: December 22, 2005
JoAnn M. Wahl
Clerk of the Court
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