DeGeorge v Bauman
2009 NY Slip Op 09796 [68 AD3d 1711]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


Joanne M. DeGeorge, Respondent, v Matthew F. Bauman, Appellant.

—[*1] Law Offices of Daniel Guarasci, Williamsville (Phyliss A. Hafner of counsel), for defendant-appellant.

Handelman, Witkowicz & Levitsky, Rochester (Steven M. Witkowicz of counsel), for plaintiff-respondent.

Appeal from an order of the Erie County Court (Michael L. D'Amico, J.), entered August 21, 2008. The order affirmed an order of the Buffalo City Court (Kevin J. Keane, J.), entered November 21, 2007, which had denied defendant's motion to dismiss the complaint due to plaintiff's spoilation of evidence.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Ellingsworth v City of Watertown, 113 AD2d 1013, 1014 [1985]). Present—Scudder, P.J., Smith, Peradotto, Green and Gorski, JJ.