Herbst v Marshall
2008 NY Slip Op 02258 [49 AD3d 1194]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Mary Herbst et al., Respondents, v Mark Marshall, Appellant. (Action No. 1.) Mary Herbst et al., Respondents,
v
Kenneth F. Goulding, Respondent. (Action No. 2.) (Appeal No. 1.)

—[*1] Hagelin Kent LLC, Buffalo (Leo T. Fabrizi of counsel), for defendant-appellant.

Paul William Beltz, P.C., Buffalo (Debra A. Norton of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered October 25, 2006 in a personal injury action. The order denied the motion of defendant Mark Marshall to sever the actions.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Martoche, J.P., Centra, Lunn, Green and Gorski, JJ.