Mandelkow v Child & Family Servs. of Erie County
2008 NY Slip Op 02433 [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-Respondents, v Child and Family Services of Erie County, Respondent-Appellant. (Appeal No. 2.)

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

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

Appeal and cross appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Eugene M. Fahey, J.), entered December 20, 2006. The order and judgment, among other things, granted the motion of plaintiffs for leave to reargue that part of their cross motion for summary judgment dismissing the counterclaims and, upon reargument, granted that part of the cross motion and dismissed the counterclaims and awarded defendant statutory costs and disbursements based on the prior dismissal of the complaint.

It is hereby ordered that said appeal and cross appeal are 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.