Winkley v KBM Mgt., Inc.
2022 NY Slip Op 02685 [204 AD3d 1437]
April 22, 2022
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Monday, July 11, 2022


[*1]
 Darrin Winkley, as President of Rochester Area Schools Workers' Compensation Plan, Respondent,
v
KBM Management, Inc., Appellant. (Appeal No. 1.)

[As amended by order of the Appellate Division, Fourth Department, see 2022 NY Slip Op 04521.]

Goldberg Segalla LLP, Rochester, Rivkin Radler LLP, Uniondale (Evan H. Krinick of counsel), for defendant-appellant.

Woods Oviatt Gilman LLP, Rochester (Andrew J. Ryan of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (J. Scott Odorisi, J.), entered January 15, 2021. The order, insofar as appealed from, granted the motion of plaintiff for partial summary judgment and awarded plaintiff money damages.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Matter of Aho, 39 NY2d 241, 248 [1976]). Present—Peradotto, J.P., Lindley, NeMoyer and Curran, JJ.