| PATRICK E. BURNS V LEE A. KROENING AND ANN KROENING, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ALBERT KROENING |
| Motion No: CA 09-01074 |
| Slip Opinion No: 2010 NY Slip Op 69803(U) |
| Decided on April 16, 2010 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: MARTOCHE, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.
DOCKET NO. CA 09-01074
| PATRICK E. BURNS, PLAINTIFF-APPELLANT, V LEE A. KROENING AND
ANN KROENING, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ALBERT KROENING, DECEASED, DEFENDANTS-RESPONDENTS, DAVID
LUPAS AND PETRU LUPAS, DEFENDANTS. |
Respondents Lee A. Kroening and Ann Kroening having moved to dismiss the appeal taken from a judgment and order of the Supreme Court entered in the Office of the Clerk of the County of Niagara on February 4, 2009 on the ground that appellant has appealed to this Court only from the order denying his post-trial motion to set aside a jury verdict and for a new trial, and has not appealed from the final judgment entered in the Office of the Clerk of the County of Niagara on March 20, 2009,
Now, upon reading and filing the affirmation of Laurence D. Behr, Esq. dated March 5, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Memorandum: The appeal is deemed to have been taken from the judgment entered March 20, 2009 (see CPLR 5520 [c]; Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Soto v Montanex, 201 AD2d 876).
Entered: April 16, 2010
Patricia L. Morgan, Clerk