Bennett v Muniz
2008 NY Slip Op 03734 [50 AD3d 1464]
April 25, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


Michael D. Bennett, Respondent, v Laura Muniz, Individually and as Parent and Natural Guardian of Rachel A. Muniz, an Infant, Appellant. (Appeal No. 2.)

—[*1] Bouvier Partnership, LLP, Buffalo (Norman E.S. Greene of counsel), for defendant-appellant.

Cellino & Barnes, P.C., Rochester (Charles F. Burkwit of counsel), for plaintiff-respondent.

Appeal from a judgment of the Supreme Court, Monroe County (William P. Polito, J.), entered October 26, 2006 in a personal injury action. The judgment awarded plaintiff the sum of $285,000 together with statutory costs and interest.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Hurlbutt, J.P., Smith, Centra, Green and Gorski, JJ.