Matter of Hoge (Select Fabricators, Inc.)
2012 NY Slip Op 04483 [96 AD3d 1400]
June 8, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


In the Matter of William Hoge, Appellant, for the Dissolution of Select Fabricators, Inc., et al., Respondents. Select Fabricators, Inc., Plaintiff,
v
William Hoge et al., Appellants.

—[*1] William S. Roby, Rochester, for petitioner-appellant and defendants-appellants.

Jason S. Diponzio, Rochester, for respondents-respondents.

Appeal from an order of the Supreme Court, Ontario County (Kenneth R. Fisher, J.), entered April 27, 2011. The order denied petitioner's motion to reargue his opposition to respondents' motion for partial summary judgment seeking the dismissal of his "counterclaims."

It is hereby ordered that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [1990]). Present—Smith, J.P., Fahey, Peradotto and Lindley, JJ.