Snickles v. Gabryszak

Appellate Division of the Supreme Court of New York

Snickles v. Gabryszak

2017 NY Slip Op 6830, 153 A.D.3d 1670, 60 N.Y.S.3d 876

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 29, 2017

Docket1142 CA 16-01870

StatusPublished

This text of 2017 NY Slip Op 6830 (Snickles v. Gabryszak) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Snickles v. Gabryszak, 2017 NY Slip Op 6830, 153 A.D.3d 1670, 60 N.Y.S.3d 876 (N.Y. Ct. App. 2017).

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Opinion

Appeal from an order of the Supreme Court, Erie County (Shirley Trout-man, J.), entered December 23, 2015. The order, inter alia, granted the motions of defendants Sheldon Silver, the New York State Assembly, and the State of New York to dismiss the amended complaint against them, denied that part of the motion of defendant Dennis Gabryszak to dismiss the amended complaint against him with respect to the first and fourth causes of action, and sua sponte dismissed the amended complaint against defendant Adam Locher.

It is hereby ordered that said appeal from so much of the order as sua sponte dismissed the amended complaint against defendant Adam Locher is unanimously dismissed (see Mohler v Nardone, 53 AD3d 600, 600 [2008]; see generally Sholes v Meagher, 100 NY2d 333, 335 [2003]), and the order is affirmed without costs for reasons stated in the decision at Supreme Court (2015 NY Slip Op 52037[U]).

Present — Smith, J.P., Peradotto, Lindley, DeJoseph and Winslow, JJ.

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Appeal from an order of the Supreme Court, Erie County (Shirley Trout-man, J.), entered December 23, 2015. The order, inter alia, granted the motions of defendants Sheldon Silver, the New York State Assembly, and the State of New York to dismiss the amended complaint against them, denied that part of the motion of defendant Dennis Gabryszak to dismiss the amended complaint against him with respect to the first and fourth causes of action, and sua sponte dismissed the amended complaint against defendant Adam Locher.

It is hereby ordered that said appeal from so much of the order as sua sponte dismissed the amended complaint against defendant Adam Locher is unanimously dismissed (see Mohler v Nardone, 53 AD3d 600, 600 [2008]; see generally Sholes v Meagher, 100 NY2d 333, 335 [2003]), and the order is affirmed without costs for reasons stated in the decision at Supreme Court (2015 NY Slip Op 52037[U]).

Present — Smith, J.P., Peradotto, Lindley, DeJoseph and Winslow, JJ.

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Bluebook (online)

2017 NY Slip Op 6830, 153 A.D.3d 1670, 60 N.Y.S.3d 876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snickles-v-gabryszak-nyappdiv-2017.

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