Town of Amherst v Mead
2008 NY Slip Op 10315 [57 AD3d 1438]
December 31, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


Town of Amherst, Respondent, v Brian Burns Mead et al., Defendants, and Power Up Manufacturing, Inc., Appellant. (Appeal No. 2.)

—[*1] Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (John N. Philipps, Jr., of counsel), for defendant-appellant.

Demarie & Schoenborn, P.C., Buffalo (Joseph Demarie of counsel), for plaintiff-respondent.

Appeal from an amended order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered November 8, 2007. The amended order, insofar as appealed from, denied the motion of defendant Power Up Manufacturing, Inc. for summary judgment.

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—Scudder, P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.