| Vicki v City of Niagara Falls |
| 2021 NY Slip Op 06275 [199 AD3d 1392] |
| November 12, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Stephen D. Vicki et al., Respondents, v City of Niagara Falls et al., Defendants, and Niagara Falls Water Board et al., Appellants. |
Burden, Hafner & Hansen, LLC, Buffalo (Phyliss A. Hafner of counsel), for defendants-appellants.
Lipsitz Green Scime Cambria LLP, Buffalo (John A. Collins of counsel), for plaintiffs-respondents.
Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered October 7, 2020. The order, among other things, adjudged that no further deposition of plaintiff Stephen D. Vicki is warranted and directed the parties to continue with discovery.
It is hereby ordered that said appeal is unanimously dismissed without costs (see Presti v Schalck, 26 AD2d 793, 793 [4th Dept 1966]). Present—Smith, J.P., Peradotto, NeMoyer, Bannister and DeJoseph, JJ.