| Frank v Town of W. |
| 2004 NY Slip Op 08548 [12 AD3d 1206] |
| Decided on November 19, 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 November 19, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PINE, J.P., HURLBUTT, SCUDDER, MARTOCHE, AND LAWTON, JJ.
1484.1 CA 04-01323
[*1]JOSEPH FRANK AND KAREN FRANK, PLAINTIFFS-APPELLANTS, ORDER
v
TOWN OF WESTERN, DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered April 22, 2004. The order, after a nonjury trial, dismissed the complaint and granted the counterclaim in part.
COHEN & COHEN LLP, UTICA (DANIEL S. COHEN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
CHARLES W. ENGELBRECHT, ROME, FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: November 19, 2004
JoAnn M. Wahl
Clerk of the Court