Opinion
No. CA 06-03359.
February 1, 2008.
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered October 16, 2006 in a personal injury action. The order, insofar as appealed from, upon reargument, adhered to the court's prior decision in appeal No. 1.
BROWN TARANTINO, LLC, BUFFALO (TAMSIN J. HAGER OF COUNSEL), FOR DEFENDANT-APPELLANT.
O'BRIEN BOYD, P.C., WILLIAMSVILLE (JORDAN I. THOMAS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
Before: Scudder, P.J., Hurlbutt, Gorski, Centra and Pine, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs as moot.