Golebieski v City of Buffalo

Golebieski v City of Buffalo 2015 NY Slip Op 00011 Decided on January 2, 2015 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 January 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, CARNI, VALENTINO, AND WHALEN, JJ.
1085 CA 13-01767

[*1]BRIAN GOLEBIESKI, PLAINTIFF-APPELLANT,

v

CITY OF BUFFALO, DEFENDANT. - ESTATE OF DAVID G. JAY, ESQ., DECEASED, RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered December 3, 2012. The order, among other things, determined that the Estate of David G. Jay, Esq. is entitled to one-third of the counsel fees received by the law firm of HoganWillig and/or Steven M. Cohen, Esq., in this action.

HOGAN WILLIG, PLLC, AMHERST (DIANE R. TIVERON OF COUNSEL), FOR PLAINTIFF-APPELLANT.

ARTHUR J. RUMIZEN, WILLIAMSVILLE, FOR RESPONDENT.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see CPLR 5511; Field v New York City Tr. Auth., 4 AD3d 389).

Entered: January 2, 2015

Frances E. Cafarell

Clerk of the Court