MILLER, BARBARA v. BUCK, LAURIEANN

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 10-02319 PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, GREEN, AND GORSKI, JJ.

BARBARA MILLER AND RICHARD HUGO MILLER, PLAINTIFFS-APPELLANTS, V ORDER LAURIEANN BUCK, ET AL., DEFENDANTS, AND TOWN OF CHEEKTOWAGA, DEFENDANT-RESPONDENT. (APPEAL NO. 1.)

LOTEMPIO & BROWN, P.C., BUFFALO (PATRICK J. BROWN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO (ARTHUR A. HERDZIK OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered October 6, 2010 in a personal injury action.

The order granted the motion of defendant Town of Cheektowaga for summary judgment dismissing the complaint and all cross claims against it.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.

Entered: June 10, 2011 Patricia L. Morgan Clerk of the Court