| Kaczmarek v Fiutko |
| 2005 NY Slip Op 00736 [15 AD3d 1017] |
| Decided on February 4, 2005 |
| 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 February 4, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, GORSKI, MARTOCHE, AND HAYES, JJ.
89 CA 04-01952
[*1]JAMES KACZMAREK, AS PARENT AND NATURAL GUARDIAN OF DANIELLE KACZMAREK, PLAINTIFF-RESPONDENT, ORDER
v
CHESTER D. FIUTKO, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered December 9, 2003. The order denied defendant's motion for summary judgment dismissing the complaint.
BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. MOLLOY, WEST SENECA, FOR PLAINTIFF-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: February 4, 2005
JoAnn M. Wahl
Clerk of the Court