Opinion
CA 03-00457
October 2, 2003.
Appeal from an order of Supreme Court, Niagara County (Boniello, III, J.), entered December 12, 2002, which, inter alia, granted defendant's motion to renew and, upon renewal, granted defendant's motion to strike the note of issue.
GIBSON, McASKILL CROSBY, LLP, BUFFALO (CHARLES S. DESMOND, II, OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
DAMON MOREY LLP, BUFFALO (PATRICK J. LONG OF COUNSEL), FOR DEFENDANT-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.