Pacos v Pacos
2007 NY Slip Op 03491 [39 AD3d 1254]
April 20, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 6, 2007


Ronald M. Pacos et al., Respondents, v Thomas Pacos, Appellant.

—[*1] Jason L. Schmidt, Fredonia, for defendant-appellant.

Miserendino, Celniker, Seegert & Estoff, P.C., Dunkirk (Andrew D. Kehrer of counsel), for plaintiffs-respondents. Appeal from an order of the Supreme Court, Chautauqua County (Paula L. Feroleto, J.), entered November 17, 2005. The order, among other things, granted plaintiffs' motion for partial summary judgment on the complaint and for dismissal of the affirmative defenses.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Hurlbutt, J.P., Gorski, Smith, Fahey and Green, JJ. [See 15 Misc 3d —, 2005 NY Slip Op 25589 (2005).]