Shumway v Kelley
2013 NY Slip Op 06109 [109 AD3d 1092]
September 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


David Shumway et al., Appellants, v Justin Kelley, Respondent. (Appeal No. 1.)

—[*1] E. Robert Fussell, P.C., Leroy (E. Robert Fussell of counsel), for plaintiffs-appellants.

Kenney Shelton Liptak Nowak LLP, Buffalo (Amanda L. Machacek of counsel), for defendant-respondent.

Appeal from an order of the Supreme Court, Genesee County (John M. Curran, J.), entered March 12, 2012. The order denied the motion of plaintiffs to set aside a jury verdict.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435, 435 [1989]; see also CPLR 5501 [a] [1], [2]). Present—Scudder, P.J., Smith, Centra, Fahey and Peradotto, JJ.