Patrick v De Dominicis
2006 NY Slip Op 00901 [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: SCUDDER, J.P., KEHOE, MARTOCHE, SMITH, AND PINE, JJ.

1568 CA 05-01181

[*1]ALBERTA PATRICK, PLAINTIFF-APPELLANT, ET AL., PLAINTIFF, ORDER

v

MARK E. DE DOMINICIS, DEFENDANT-RESPONDENT. (APPEAL NO. 3.)



Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered May 5, 2005. The order settled the record on appeal.


ROLAND M. CERCONE, PLLC, BUFFALO (RONALD M. CERCONE OF COUNSEL), FOR PLAINTIFF-APPELLANT.
KENNEY, SHELTON, LIPTAK & NOWAK, LLP, BUFFALO (RYON D. FLEMING 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