Mosey v Childs

Mosey v Childs 2015 NY Slip Op 08245 Decided on November 13, 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 November 13, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, VALENTINO, AND WHALEN, JJ.
553.1/14 CA 13-01696

[*1]ACEA M. MOSEY, AS ADMINISTRATRIX OF THE ESTATE OF OLIVE REIMANN, DECEASED, PLAINTIFF-RESPONDENT,

v

PARIS CHILDS, DEFENDANT-APPELLANT, ET AL., DEFENDANT.

ZDARSKY, SAWICKI & AGOSTINELLI, LLP, BUFFALO (K. MICHAEL SAWICKI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered July 17, 2013. The order, among other things, denied the cross motion of defendant Paris Childs for partial summary judgment.

Now, upon the order and judgment (one paper) of the Supreme Court, Erie County (Jeremiah J. Moriarty, III, J.), entered June 24, 2014,

It is hereby ORDERED that said appeal is dismissed without costs upon stipulation.

All concur except Fahey, J., who is not participating.

Entered: November 13, 2015

Frances E. Cafarell

Clerk of the Court