Wellman v Ajello

Wellman v Ajello 2010 NY Slip Op 01199 [70 AD3d 1401] February 11, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Ellis Clark Wellman, Jr., Respondent, v Ronald V. Ajello, Appellant, et al., Defendant. (Appeal No. 1.)

—[*1] Calli, Calli & Cully, Utica (Herbert J. Cully of counsel), for defendant-appellant.

McLane, Smith and Lascurettes, L.L.P., Utica (Steven A. Smith of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Oneida County (John W. Grow, J.), entered January 7, 2009 in an action pursuant to RPAPL article 15. The order, among other things, denied the motion of defendant Ronald V. Ajello for a directed verdict.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1]). Present—Smith, J.P., Peradotto, Lindley, Green and Gorski, JJ.