Opinion
2013-07-19
Appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered June 21, 2012. The order denied the motion of third-party defendant for leave to renew and to stay the trial. Kenney Shelton Liptak & Nowak, LLP, Buffalo (Melissa A. Foti of Counsel), for Third–Party Defendant–Appellant. *715Bender & Bender, LLP, Buffalo (Thomas W. Bender of Counsel), for Third–Party Plaintiff–Respondent.
Appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered June 21, 2012. The order denied the motion of third-party defendant for leave to renew and to stay the trial.
Kenney Shelton Liptak & Nowak, LLP, Buffalo (Melissa A. Foti of Counsel), for Third–Party Defendant–Appellant. *715Bender & Bender, LLP, Buffalo (Thomas W. Bender of Counsel), for Third–Party Plaintiff–Respondent.
Same Memorandum as in Meabon v. Town of Poland (Appeal No. 1) 108 A.D.3d 1183, 970 N.Y.S.2d 648, 2013 WL 3769694 (July 19, 2013).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.