Eaton v Hungerford
2010 NY Slip Op 09643 [79 AD3d 1629]
December 30, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


Faye M. Eaton et al., Appellants, v Sylvia Hungerford, Individually and as Special Education Teacher of the Wayne Central School District, et al., Respondents. (Appeal No. 2.)

—[*1] Emmelyn Logan-Baldwin, Rochester, for plaintiffs-appellants.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Gabrielle Mardany Hope of counsel), for defendants-respondents.

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered May 1, 2009. The order, among other things, denied in part the motion of plaintiffs for leave to renew or reargue and for leave to amend their complaint.

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

Same memorandum as in Eaton v Hungerford (79 AD3d 1627; [2010]). Present—Scudder, P.J., Smith, Carni, Lindley and Green, JJ.