Sheahan v Maston
2005 NY Slip Op 04699 [19 AD3d 1186]
Decided on June 10, 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 June 10, 2005
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: SCUDDER, J.P., MARTOCHE, PINE, LAWTON, AND HAYES, JJ.

342 CA 04-01371

[*1]GEORGE WILLIAM SHEAHAN, PLAINTIFF-APPELLANT, ORDER

v

WAYNE MASTON AND SUSAN MASTON, DEFENDANTS-RESPONDENTS. (APPEAL NO. 1.)



Appeal from an order of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered April 7, 2004. The order, among other things, denied plaintiff's motion for partial summary judgment on a cause of action for specific performance and granted the cross motion of defendants for summary judgment dismissing the complaint and cancelling the notice of pendency.


J. WILLIAM O'BRIEN, II, ELMIRA, FOR PLAINTIFF-APPELLANT.
SUGARMAN LAW FIRM, LLP, SYRACUSE (SANDRA L. HOLIHAN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.


It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: June 10, 2005
JoAnn M. Wahl
Clerk of the Court