Durney v McQuillen

Durney v McQuillen 2015 NY Slip Op 05060 Decided on June 12, 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 June 12, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, SCONIERS, VALENTINO, AND DEJOSEPH, JJ.
782 CA 14-01844

[*1]CAROL DURNEY, PLAINTIFF-APPELLANT,

v

PETER J. MCQUILLEN, JUDITH M. MCQUILLEN, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.

Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered June 6, 2014. The order, inter alia, granted in part the motion of defendants Peter J. McQuillen and Judith M. McQuillen for summary judgment.

KNAUF SHAW LLP, ROCHESTER (AMY K. KENDALL OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BONARIGO & MCCUTCHEON, BATAVIA (KRISTIE L. DEFREZE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from an order that, inter alia, granted in part the motion for summary judgment of defendants Peter J. McQuillen and Judith M. McQuillen. We affirm for reasons stated in the "decision and order" of Supreme Court, and we write only to note that, under the circumstances presented, we decline to search the record to reach issues raised by defendants, who did not cross-appeal from the order (see Ginter v Flushing Terrace, LLC, 121 AD3d 840, 845; New York Univ. Hosp. Rusk Inst. v Government Empls. Ins. Co., 39 AD3d 832, 833).

Entered: June 12, 2015

Frances E. Cafarell

Clerk of the Court