Gnade v Sunburst Optics, Inc.
2012 NY Slip Op 03353 [94 AD3d 1575]
April 27, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


Jeremy S. Gnade, Respondent,
v
Sunburst Optics, Inc., Appellant. (Appeal No. 1.)

—[*1] Whiteman, Osterman & Hanna LLP, Albany (William S. Nolan of counsel), for defendant-appellant.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Laurence F. Sovik of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Brian F. DeJoseph, J.), entered June 29, 2011 in a breach of contract action. The order, among other things, granted in part plaintiff's motion for partial summary judgment on his first cause of action.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988, 988 [1988]; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567 [1978]; see also CPLR 5501 [a] [1]). Present—Smith, J.P., Fahey, Peradotto and Lindley, JJ.