Dorn Energy, LLC v Sullivan

Dorn Energy, LLC v Sullivan 2016 NY Slip Op 07815 Decided on November 18, 2016 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 November 18, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.
1079 CA 15-00989

[*1]DORN ENERGY, LLC, ANDREW W. DORN, IV, MATTHEW J. DORN, AND ANDREW W. DORN, JR., PLAINTIFFS-RESPONDENTS,

v

NORA B. SULLIVAN, DEFENDANT-APPELLANT. (APPEAL NO. 1.)

ZDARSKY SAWICKI & AGOSTINELLI LLP, BUFFALO (GUY J. AGOSTINELLI OF COUNSEL), FOR DEFENDANT-APPELLANT.

WOODS OVIATT GILMAN LLP, BUFFALO (BRIAN D. GWITT OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered April 15, 2015. The order granted plaintiffs' renewed motion for summary judgment.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy , 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts , 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

Entered: November 18, 2016

Frances E. Cafarell

Clerk of the Court