Tardone v. Gabryszak

Appellate Division of the Supreme Court of New York

Tardone v. Gabryszak

2017 NY Slip Op 6833, 153 A.D.3d 1672, 60 N.Y.S.3d 877

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

DecidedSeptember 29, 2017

Docket1145 CA 16-01889

StatusPublished

This text of 2017 NY Slip Op 6833 (Tardone 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

Tardone v. Gabryszak, 2017 NY Slip Op 6833, 153 A.D.3d 1672, 60 N.Y.S.3d 877 (N.Y. Ct. App. 2017).

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Opinion

Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered December 23, 2015. The order granted the motions of defendants Dennis Gabryszak, Sheldon Silver, the New York State Assembly and the State of New York to dismiss the amended complaint against them, sua sponte dismissed the amended complaint against defendant Adam Locher and denied the motion of plaintiff for leave to further amend the amended complaint.

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 52041[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 Troutman, J.), entered December 23, 2015. The order granted the motions of defendants Dennis Gabryszak, Sheldon Silver, the New York State Assembly and the State of New York to dismiss the amended complaint against them, sua sponte dismissed the amended complaint against defendant Adam Locher and denied the motion of plaintiff for leave to further amend the amended complaint.

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 52041[U]).

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

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Bluebook (online)

2017 NY Slip Op 6833, 153 A.D.3d 1672, 60 N.Y.S.3d 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tardone-v-gabryszak-nyappdiv-2017.

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