IN THE MATTER OF LEROY JOHNSON V STEWART ECKERT
Motion No: CA 21-01147
Slip Opinion No: 2023 NY Slip Op 62760(U)
Decided on February 23, 2023
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


February 23, 2023

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, LINDLEY, AND CURRAN, JJ.

CA 21-01147

IN THE MATTER OF LEROY JOHNSON, PETITIONER-APPELLANT,

V

STEWART ECKERT, RESPONDENT-RESPONDENT.


Petitioner having moved for summary relief (denominated motion for an order granting judgment in petitioner's favor) in the appeal taken herein from an order of the Supreme Court, Erie County, entered April 29, 2021, and for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks summary relief is denied, and

It is further ORDERED that plaintiff's motion insofar as it seeks other relief is denied.

Entered: February 23, 2023

Ann Dillon Flynn

Clerk of the Court