Tonzi v Nichols
2010 NY Slip Op 07004 [77 AD3d 1450]
October 1, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


Carol A. Tonzi, Respondent, v Richard H. Nichols, Individually and Doing Business as Nichols Financial Services, Appellant. (Appeal No. 2.)

—[*1] Underberg & Kessler LLP, Rochester (Colin D. Ramsey of counsel), for defendant-appellant. Foley and Foley, Palmyra (James F. Foley of counsel), for plaintiff-respondent. William A. Jacobson, Ithaca, amicus curiae in support of plaintiff-respondent.

Appeal from an order of the Supreme Court, Wayne County (Francis A. Affronti, J.), entered October 20, 2009. The order, among other things, granted plaintiff's motion to compel.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Ciesinski v Town of Aurora, 202 AD2d 984 [1994]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Pine, JJ. [Prior Case History: 24 Misc 3d 1249(A), 2009 NY Slip Op 51924(U).]