Huff v Rodriguez
2009 NY Slip Op 05814 [64 AD3d 1225]
July 10, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 2, 2009


Yvette Huff, Appellant, v Anita L. Rodriguez, Formerly Known as Anita L. Rosario, et al., Respondents. (Appeal No. 2.)

—[*1] Wayne C. Felle, P.C., Williamsville (Wayne C. Felle of counsel), for plaintiff-appellant.

Kenney Shelton Liptak Nowak LLP, Buffalo (Patrick S. Kenney of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered September 26, 2008 in a personal injury action. The order settled the record in appeal No. 1.

It is hereby ordered that the order so appealed from is affirmed without costs.

Same memorandum as in Huff v Rodriguez (64 AD3d 1221 [2009]).

All concur; Smith and Pine, JJ., concur in the memorandum insofar as it concerns appeal No. 2 only. Present—Martoche, J.P., Smith, Centra, Fahey and Pine, JJ.