| Miller v Cappara |
| 2005 NY Slip Op 09971 [24 AD3d 1329] |
| Decided on December 22, 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 December 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE, MARTOCHE, AND PINE, JJ.
1606 CA 05-01456
[*1]CHARLES H. MILLER AND BARBARA R. MILLER, PLAINTIFFS-APPELLANTS, ORDER
v
PATSY CAPPARA AND DEBORAH CAPPARA, DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered August 31, 2004. The order granted defendants' motion to dismiss the complaint in a declaratory judgment action.
GERALD P. GORMAN, HAMBURG, FOR PLAINTIFFS-APPELLANTS.
ANSUINI & POHLMAN, BLASDELL (JAY A. POHLMAN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Entered: December 22, 2005
JoAnn M. Wahl
Clerk of the Court