Hellert v Town of Hamburg
2008 NY Slip Op 03748 [50 AD3d 1484]
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


Donald D. Hellert et al., Individually and as Parents and Natural Guardians of Benjamin P. Hellert, an Infant, et al., Respondents, v Town of Hamburg, Appellant. (Appeal No. 2.)

—[*1] Kavinoky Cook LLP, Buffalo (Deborah J. Chadsey of counsel), for defendant-appellant.

Richard J. Lippes & Associates, Buffalo (Richard J. Lippes of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered March 29, 2007 in a personal injury action. The order denied the motion of defendant for leave to renew its summary judgment motion.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see McCabe v CSX Transp., Inc., 27 AD3d 1150, 1151 [2006]). Present—Hurlbutt, J.P., Lunn, Fahey and Pine, JJ.