Frascella v Hamburg Cent. Sch. Dist.
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Frascella v Hamburg Cent. Sch. Dist.
2013 NY Slip Op 06225
Released on September 27, 2013
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.
Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.
1018 CA 13-00128
[*1]KATHERINE FRASCELLA AND TIMOTHY FRASCELLA, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF GABRIEL FRASCELLA, AN INFANT, PLAINTIFFS-RESPONDENTS,
v
HAMBURG CENTRAL SCHOOL DISTRICT, STEVEN ACHRAMOVITZ, PAUL PIETRANTONE, ANNE GILHOOLY AND REBECCA SIPPRELL BUCZAK, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered November 19, 2012. The order denied the motion of defendants to dismiss plaintiffs' second cause of action.
HURWITZ & FINE, P.C., BUFFALO (DAVID ADAMS OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
LAW OFFICE OF LAURIE A. BAKER, HAMBURG (LAURIE A. BAKER OF COUNSEL), AND MURPHY MEYERS, LLP, ORCHARD PARK, FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Entered: September 27, 2013
Frances E. Cafarell
Clerk of the Court
Released on September 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., FAHEY, SCONIERS, VALENTINO, AND WHALEN, JJ.
1018 CA 13-00128
[*1]KATHERINE FRASCELLA AND TIMOTHY FRASCELLA, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF GABRIEL FRASCELLA, AN INFANT, PLAINTIFFS-RESPONDENTS,
v
HAMBURG CENTRAL SCHOOL DISTRICT, STEVEN ACHRAMOVITZ, PAUL PIETRANTONE, ANNE GILHOOLY AND REBECCA SIPPRELL BUCZAK, DEFENDANTS-APPELLANTS.
Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered November 19, 2012. The order denied the motion of defendants to dismiss plaintiffs' second cause of action.
HURWITZ & FINE, P.C., BUFFALO (DAVID ADAMS OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
LAW OFFICE OF LAURIE A. BAKER, HAMBURG (LAURIE A. BAKER OF COUNSEL), AND MURPHY MEYERS, LLP, ORCHARD PARK, FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Entered: September 27, 2013
Frances E. Cafarell
Clerk of the Court
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