Opinion
No. CA 07-00286.
March 14, 2008.
Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered December 20, 2006. The order and judgment, among other things, granted the motion of plaintiffs for leave to reargue that part of their cross motion for summary judgment dismissing the counterclaims and, upon reargument, granted that part of the cross motion and dismissed the counterclaims and awarded defendant statutory costs and disbursements based on the prior dismissal of the complaint.
LUSTIG BROWN, LLP, BUFFALO (CHERYL A. GREEN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS-RESPONDENTS.
HODGSON RUSS LLP, BUFFALO (STEPHEN W. KELKENBERG OF COUNSEL), FOR DEFENDANT-RESPONDENT-APPELLANT.
Present: Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.
It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs.
Same memorandum as in Mandelkow v Child Family Servs. of Erie County ( 49 AD3d 1316).