Dermody v Tilton
2011 NY Slip Op 05318 [85 AD3d 1681]
June 17, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


Brian S. Dermody et al., Respondents,
v
Darryl D. Tilton et al., Appellants, et al., Defendants. (Appeal No. 2.)

—[*1] Ohl & Alexson, Honeoye (Wayne I. Ohl of counsel), for defendants-appellants. The Brocklebank Firm, Canandaigua (Derek G. Brocklebank of counsel), for plaintiffs-respondents.

Appeal from a decision of the Supreme Court, Ontario County (William F. Kocher, A.J.), dated November 12, 2010. The decision stated that the motion of defendants Darryl D. Tilton and Sandra J. Tilton for summary judgment is denied.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Pecora v Lawrence, 28 AD3d 1136, 1137 [2006]). Present—Smith, J.P., Fahey, Carni, Lindley and Gorski, JJ.