Alden State Bank v Sunrise Bldrs., Inc.
2008 NY Slip Op 00897 [48 AD3d 1161]
February 1, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


Alden State Bank, Respondent, v Sunrise Builders, Inc., et al., Defendants, and Joseph D. Parker et al., Appellants. (Appeal No. 1.)

—[*1] James A. Partacz, West Seneca, for defendants-appellants.

Hurwitz & Fine, P.C., Buffalo (Timothy P. Johnson of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered July 10, 2006. The order granted plaintiff's motion for, inter alia, partial summary judgment against defendants Joseph D. Parker and Natalie T. Parker.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Gorski, J.P., Martoche, Lunn, Fahey and Pine, JJ.