JOHNSON, JEAN v. MANNA, JOHN G.

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

728 CA 12-01833 PRESENT: SMITH, J.P., FAHEY, CARNI, VALENTINO, AND WHALEN, JJ.

JEAN JOHNSON, INDIVIDUALLY AND AS PARENT AND NATURAL GUARDIAN OF MICHAEL STACHEWICZ, III, PLAINTIFF-APPELLANT,

V ORDER

JOHN G. MANNA AND ROBERTA S. MANNA, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 3.)

LAW OFFICES OF EUGENE C. TENNEY, BUFFALO (NATHAN C. DOCTOR OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BOUVIER PARTNERSHIP, LLP, BUFFALO (NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered September 12, 2012. The order, among other things, denied the motion of plaintiff to deem abandoned the motion of defendants John G. Manna and Roberta S. Manna to strike the note of issue.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: June 28, 2013 Frances E. Cafarell Clerk of the Court