Mandelkow v Child & Family Servs. of Erie County
2008 NY Slip Op 02432 [49 AD3d 1315]
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


Thomas Mandelkow et al., as Trustees of Upstate Human Services Self-Insurance Trust Fund, Also Known as Human Services Self-Insurance Trust, Appellants, v Child and Family Services of Erie County, Respondent (Appeal No. 1.)

—[*1] Lustig & Brown, LLP, Buffalo (Cheryl A. Green of counsel), for plaintiffs-appellants.

Hodgson Russ LLP, Buffalo (Stephen W. Kelkenberg of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered December 14, 2006. The order granted defendant's motion for summary judgment dismissing the complaint and denied plaintiffs' cross motion for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Mandelkow v Child & Family Servs. of Erie County (49 AD3d 1316 [2008]). Present—Hurlbutt, J.P., Smith, Centra, Green and Pine, JJ.