Opinion
No. CA 10-00577.
November 12, 2010.
Appeal and cross appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered October 7, 2009. The order, among other things, denied defendant's motion for an order dismissing action No. 1 and denied the motion made by respondents Joan Royston and Kirk Richardson to dismiss proceeding No. 1.
McDONOUGH ARTZ, P.C., BINGHAMTON (PHILIP J. ARTZ OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT AND RESPONDENT-APPELLANT-RESPONDENT.
GATES ADAMS, P.C., ROCHESTER (DOUGLAS GATES OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS AND PETITIONERS-RESPONDENTS-APPELLANTS.
Present — Martoche, J.P., Centra, Carni, Lindley and Pine, JJ.
It is hereby ordered that said appeal and cross appeal are unanimously dismissed without costs.