Town of Amherst v Hilger
2013 NY Slip Op 01928 [104 AD3d 1268]
March 22, 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


Town of Amherst et al., Respondents, v Arthur Hilger et al., Appellants, et al., Defendant. (Appeal No. 1.)

—[*1] Smith, Murphy & Schoepperle, LLP, Buffalo, Mauro Lilling Naparty LLP, Woodbury (Matthew W. Naparty of counsel), for defendants-appellants.

Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success, Demarie & Schoenborn, P.C., Buffalo (Joseph Demarie of counsel), for plaintiffs-respondents.

Michael Jaffe, New York City, for New York State Trial Lawyers Association, amicus curiae.

Appeal from an order of the Supreme Court, Erie County (Paula L. Feroleto, J.), entered January 23, 2012. The order, among other things, granted that part of plaintiffs' motion seeking summary judgment against defendants Arthur Hilger and Sally Bisher.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 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, Valentino, Whalen and Martoche, JJ.