| Lucarelli v North Tonawanda City School Dist. |
| 2006 NY Slip Op 00809 [26 AD3d 904] |
| Decided on February 3, 2006 |
| 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 3, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, MARTOCHE, PINE, AND HAYES, JJ.
141 CA 05-01245
[*1]PETER LUCARELLI, JOSEPH MIDURA, RONALD JAMULLA, SHARON KELLER AND PAUL SMITH, PLAINTIFFS-APPELLANTS, ORDER
v
NORTH TONAWANDA CITY SCHOOL DISTRICT, DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered January 7, 2005. The order granted defendant's motion to dismiss the complaint and denied plaintiffs' cross motion to compel arbitration.
FELLE, STOCKER & MARGULIS, LLP, WILLIAMSVILLE (KEVIN T. STOCKER OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
GOLDBERG SEGALLA LLP, BUFFALO (SUSAN E. VAN GELDER OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: February 3, 2006
JoAnn M. Wahl
Clerk of the Court