Opinion
No. CA 07-00285.
March 14, 2008.
Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered December 14, 2006. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiffs' cross motion for summary judgment.
LUSTIG BROWN, LLP, BUFFALO (CHERYL A. GREEN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
HODGSON RUSS LLP, BUFFALO (STEPHEN W. KELKENBERG OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Present: Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Same memorandum as in Mandelkow v Child Family Servs. of Erie County ( 49 AD3d 1316).