Opinion
CA 04-02719.
Decided September 30, 2005.
Before: PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, GORSKI, AND LAWTON, JJ.
Appeal from a judgment (denominated order) of the Supreme Court, Cattaraugus County (Eugene M. Fahey, J.), entered August 9, 2004 in a declaratory judgment action. The judgment granted plaintiffs' motion for summary judgment and denied the cross motion of defendant Erie and Niagara Insurance Association for summary judgment.
LAW OFFICE OF ROY A. MURA, BUFFALO (JAMES M. DE VOY OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANCIS M. LETRO, BUFFALO (ROBERT L. VOLTZ OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.