Bianchi v Midtown Reporting Serv., Inc.
2018 NY Slip Op 04896 [162 AD3d 1738]
June 29, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2018


[*1]
 Richard Bianchi et al., Respondents,
v
Midtown Reporting Service, Inc., Doing Business as Midtown Reporting Service, Appellant. (Appeal No. 2.)

Ernstrom & Dreste, LLP, Rochester (Timothy D. Boldt of counsel), for defendant-appellant.

Schiano Law Office, P.C., Rochester (Charles A. Schiano, Sr., of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Monroe County (John J. Ark, J.), dated June 13, 2017. The order vacated a statement for judgment.

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

Same memorandum as in Bianchi v Midtown Reporting Serv., Inc., ([appeal No. 1] 162 AD3d 1736 [4th Dept 2018]). Present—Whalen, P.J., Peradotto, Carni and DeJoseph, JJ.