Oliphant Fin. Corp. v Angelo
2009 NY Slip Op 00813 [59 AD3d 979]
February 6, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


Oliphant Financial Corporation, Respondent, v James T. Angelo, Appellant.

—[*1] Gregory L. Dolan, Honeoye, for defendant-appellant.

Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered May 30, 2007 in an action for breach of contract. The order granted the motion of plaintiff for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Murphy v Niagara Frontier Transp. Auth., 207 AD2d 1038 [1994]; see also CPLR 5513 [a]). Present—Smith, J.P., Centra, Fahey, Peradotto and Pine, JJ.