Guerrucci v School Dist. of City of Niagara Falls
2015 NY Slip Op 02618 [126 AD3d 1500]
March 27, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 29, 2015


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  Ralph Guerrucci, on Behalf of Himself and All Others Similarly Situated, Appellants, v School District of City of Niagara Falls, Respondent. (Appeal No. 2.)

Creighton, Johnsen & Giroux, Buffalo (Jonathan G. Johnsen of counsel), for plaintiffs-appellants.

James C. Roscetti, Niagara Falls, for defendant-respondent.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered March 25, 2014. The order denied the motion of plaintiffs seeking relief from a judgment (denominated order) entered October 24, 2013.

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

Same memorandum as in Guerrucci v School Dist. of City of Niagara Falls ([appeal No. 1] 126 AD3d &mdash, 2015 NY Slip Op 02617 [2015]). Present—Smith, J.P., Peradotto, Lindley, Valentino and Whalen, JJ.