Abbott v Lucchetti
2013 NY Slip Op 06112 [109 AD3d 1096]
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


Jonathan Abbott, Respondent, v Vito William Lucchetti, Jr., et al. Appellants. (Appeal No. 2.)

—[*1] Cerio Law Offices, Syracuse (David W. Herkala of counsel), for defendants-appellants.

Kenny & Kenny, PLLC, Syracuse (Justin D. Howland of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered August 29, 2012. The order denied the motion of defendants to stay discovery and for a protective order.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Same memorandum as in Abbott v Crown Mill Restoration Dev., LLC ([appeal No. 3]109 AD3d 1097 [2013]). Present—Scudder, P.J., Smith, Fahey and Peradotto, JJ.