Hoeltke v Allcare Dental & Dentures
2013 NY Slip Op 01708 [104 AD3d 1218]
March 15, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


JoAnn Hoeltke et al., Appellants, v Allcare Dental & Dentures, Respondent.

—[*1] Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for plaintiffs-appellants.

Feldman Kieffer, LLP, Buffalo (Stephen A. Manuele of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered November 26, 2011. The order, inter alia, granted defendant's motion to enforce a conditional order of preclusion and to strike plaintiffs' complaint and dismiss the action against defendant.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Fahey, Carni, Lindley and Whalen, JJ.