Ray v National Hockey League Players' Assn.
2009 NY Slip Op 06919 [66 AD3d 1364]
October 2, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


Robert J. Ray, Appellant, v National Hockey League Players' Association et al., Respondents.

—[*1] Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo (David H. Elibol of counsel), for plaintiff-appellant.

Levy Ratner, P.C., New York City (Daniel Engelstein of counsel) and Creighton, Pearce, Johnsen & Giroux, Buffalo, for defendants-respondents.

Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered September 25, 2008. The order granted the motion of defendants to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Hurlbutt, J.P., Centra, Pine and Gorski, JJ.