| Ferguson v Ozog |
| 2004 NY Slip Op 03323 [6 AD3d 1247] |
| Decided on April 30, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on April 30, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, KEHOE, AND GORSKI, JJ.
532 CA 03-02251
[*1]LAURA FERGUSON AND JAMES FERGUSON, PLAINTIFFS-APPELLANTS, ORDER
v
WALTER F. OZOG, ET AL., DEFENDANTS, ADAM M. TABELSKI AND MATTHEW G. TABELSKI, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered January 6, 2003. The order directed defendants Adam M. Tabelski and Matthew G. Tabelski to make payment in the amount of their collective liability policies and provided that no prejudgment or postjudgment interest is to accrue with respect to the payment that had been unconditionally tendered.
O'BRIEN, BOYD & GIANGRECO, P.C., BUFFALO (CHRISTOPHER J. O'BRIEN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
CHELUS, HERDZIK, SPEYER, MONTE & PAJAK, P.C., BUFFALO (THOMAS P. KAWALEC OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs as moot.
Entered: April 30, 2004
JoAnn M. Wahl
Clerk of the Court