Frascella v Hamburg Cent. Sch. Dist.
2013 NY Slip Op 06225 [109 AD3d 1216]
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


Katherine Frascella et al., Respondents, v Hamburg Central School District et al., Appellants.

—[*1] Hurwitz & Fine, P.C., Buffalo (David Adams of counsel), for defendants-appellants.

Law Office of Laurie A. Baker, Hamburg (Laurie A. Baker of counsel) and Murphy Meyers, LLP, Orchard Park, for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered November 19, 2012. The order denied the motion of defendants to dismiss plaintiffs' second cause of action.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Fahey, Sconiers, Valentino and Whalen, JJ.