| Kelly v Erie & Niagara Ins. Assn. |
| 2005 NY Slip Op 07202 [21 AD3d 1441] |
| Decided on September 30, 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 September 30, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, GORSKI, AND LAWTON, JJ.
1155 CA 04-02719
[*1]SHELLY KELLY, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF COLLEEN KELLY, AN INFANT, AND THOMAS KELLY, INDIVIDUALLY AND AS FATHER AND NATURAL GUARDIAN OF COLLEEN KELLY, AN INFANT, PLAINTIFFS-RESPONDENTS, ORDER
v
ERIE AND NIAGARA INSURANCE ASSOCIATION, DEFENDANT-APPELLANT, ET AL., DEFENDANTS.
Appeal from a judgment (denominated order) of the Supreme Court, Cattaraugus County (Eugene M. Fahey, J.), entered August 9, 2004 in a declaratory judgment action. The judgment granted plaintiffs' motion for summary judgment and denied the cross motion of defendant Erie and Niagara Insurance Association for summary judgment.
LAW OFFICE OF ROY A. MURA, BUFFALO (JAMES M. DE VOY OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANCIS M. LETRO, BUFFALO (ROBERT L. VOLTZ OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed with costs.
Entered: September 30, 2005
JoAnn M. Wahl
Clerk of the Court