Fedele v Town of Gates
2006 NY Slip Op 02067 [27 AD3d 1204]
Decided on March 17, 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 March 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI, SMITH, AND PINE, JJ.

345 CA 05-01945

[*1]MARY G. FEDELE, PLAINTIFF-APPELLANT, ORDER

v

TOWN OF GATES, DEFENDANT-RESPONDENT.



Appeal from an order of the Supreme Court, Monroe County (Craig J. Doran, A.J.), entered April 21, 2005 in a personal injury action. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion for an order of preclusion.


ANGELO T. CALLERI, P.C., ROCHESTER (ANGELO T. CALLERI OF COUNSEL), FOR PLAINTIFF-APPELLANT.
WEBSTER SZANYI LLP, BUFFALO (TODD M. SCHIFFMACHER 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: March 17, 2006
JoAnn M. Wahl
Clerk of the Court