Guerrucci v School Dist. of City of Niagara Falls

Guerrucci v School Dist. of City of Niagara Falls 2015 NY Slip Op 02618 Decided on March 27, 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 March 27, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.
337 CA 14-00751

[*1]RALPH GUERRUCCI, ON BEHALF OF HIMSELF AND ALL OTHER PERSONS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS,

v

SCHOOL DISTRICT OF CITY OF NIAGARA FALLS, DEFENDANT-RESPONDENT. (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered March 25, 2014. The order denied the motion of plaintiffs seeking relief from a judgment (denominated order) entered October 24, 2013.

CREIGHTON, JOHNSEN & GIROUX, BUFFALO (JONATHAN G. JOHNSEN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

JAMES C. ROSCETTI, NIAGARA FALLS, FOR DEFENDANT-RESPONDENT.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same memorandum as in Guerrucci v School Dist. of City of Niagara Falls ([appeal No. 1] ___ AD3d ___ [Mar. 27, 2015]).

Entered: March 27, 2015

Frances E. Cafarell

Clerk of the Court