| David J. Smith v Niagara Frontier Tr. Metro Sys., Inc. |
| Motion No: 2010-1222 |
| Slip Opinion No: 2011 NY Slip Op 61503 |
| Decided on January 18, 2011 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
David J. Smith,
Respondent,
v
Niagara Frontier Transit Metro System, Inc. et al.,
Appellants.
Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.