Gordon v Presbytery of W. N.Y.
2009 NY Slip Op 08417 [67 AD3d 1453]
November 13, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2010


Kenneth Gordon et al., Appellants, v Presbytery of Western New York et al., Respondents.

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Brown & Kelly, LLP, Buffalo (Lisa T. Sofferin of counsel), for plaintiffs-appellants. Hodgson Russ LLP, Buffalo (Joseph S. Brown of counsel), for defendant-respondent Presbytery of Western New York. Law Offices of Michael Pilarz, Buffalo (Michael Pilarz of counsel), for defendant-respondent Presbyterian Church (U.S.A.), a Corporation.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (John M. Curran, J.), entered January 8, 2009 in a declaratory judgment action. The judgment, among other things, denied plaintiffs' motion for summary judgment.

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