Byrd v Roneker
2011 NY Slip Op 09717 [90 AD3d 1651]
December 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


Joseph Byrd, Respondent, v Frederick E. Roneker, Jr., Appellant, et al., Defendants. (Appeal No. 2.)

—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Nancy A. Long of counsel), for defendant-appellant.

Barry J. Donohue, Tonawanda, for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered March 8, 2011 in a personal injury action. The order settled the record on appeal from an order entered October 25, 2010.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting in part the motion of defendant Frederick E. Roneker, Jr. to settle the record on appeal and including plaintiff's memorandum of law therein for the sole purpose of determining whether certain of plaintiff's contentions are preserved for our review and as modified the order is affirmed without costs.

Same memorandum as in Byrd v Roneker (90 AD3d 1648 [2011]). Present—Smith, J.P., Peradotto, Lindley, Green and Martoche, JJ.