Larke v Moore
2017 NY Slip Op 03631 [150 AD3d 1622]
May 5, 2017
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 28, 2017


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  Jimmie Larke, III, et al., Appellants, v Tina McCary Moore, Individually and as Executrix of Melvin E. Moore, Deceased, et al., Respondents. (Appeal No. 2.)

Joy A. Kendrick, Buffalo, for plaintiffs-appellants.

Litchfield Cavo, LLP, New York City (Michael K. Dvorkin of counsel), for defendants-respondents Ing ReliaStar Life Insurance Company and Ing U.S. Inc., Also Known as Voga Financial, Inc.

Appeal from an amended order of the Supreme Court, Erie County (Shirley Troutman, J.), entered December 16, 2015. The amended order denied plaintiffs' motion for leave to renew and/or reargue.

It is hereby ordered that said appeal from the amended order insofar as it denied leave to reargue is unanimously dismissed and the amended order is affirmed without costs.

Same memorandum as in Larke v Moore ([appeal No. 1] 150 AD3d 1620 [2017]). Present—Smith, J.P., Carni, Lindley, DeJoseph and NeMoyer, JJ.