Grey v First Baptist Church of Olean
2009 NY Slip Op 02152 [60 AD3d 1392]
March 20, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 6, 2009


John Grey et al., Appellants, v First Baptist Church of Olean, Also Known as First Baptist Church, Appellant, and Christian C. Henzel et al., Respondents. (Appeal No. 1.)

—[*1] Francis M. Letro, Esq., Buffalo (Ronald J. Wright of counsel), for plaintiffs-appellants.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Michelle Westerman of counsel), for defendant-appellant.

Law Offices of J. Michael Shane, Allegany (J. Michael Shane of counsel), for defendants-respondents.

Appeals from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered October 2, 2007 in a personal injury action. The order granted the motion of defendants Christian C. Henzel and Catherine M. Maley for summary judgment and dismissed the amended complaint against them.

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