Burger v Kenmore-Town of Tonawanda Union Free Sch. Dist.

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Burger v Kenmore-Town of Tonawanda Union Free Sch. Dist. 2015 NY Slip Op 07128 Decided on October 2, 2015 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 October 2, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, CARNI, WHALEN, AND DEJOSEPH, JJ.
1030 CA 14-01461

[*1]KATHLEEN A. BURGER AND DOUGLAS W. BURGER, PLAINTIFFS-APPELLANTS,

v

KENMORE-TOWN OF TONAWANDA UNION FREE SCHOOL DISTRICT, DEFENDANT-RESPONDENT. (APPEAL NO. 1.)



THE COSGROVE LAW FIRM, BUFFALO (J. MICHAEL LENNON OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (THOMAS J. SPEYER OF COUNSEL), FOR DEFENDANT-RESPONDENT.



Appeal from an order of the Supreme Court, Erie County (Thomas P. Franczyk, A.J.), entered November 6, 2013. The order denied the motion of plaintiffs to set aside the verdict and for a new trial.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens , 155 AD2d 435; see also CPLR 5501 [a] [1]).

Entered: October 2, 2015

Frances E. Cafarell

Clerk of the Court