ELDRIDGE, THOMAS A. v. SHAW, VINCENT P.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 12-00082 PRESENT: SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND MARTOCHE, JJ.

THOMAS A. ELDRIDGE, DANIEL L. ELDRIDGE, DAVID T. ELDRIDGE AND PETER A. ELDRIDGE, PLAINTIFFS-APPELLANTS, V MEMORANDUM AND ORDER VINCENT P. SHAW AND MARTHA M. SHAW, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.)

CARL J. DEPALMA, AUBURN, FOR PLAINTIFFS-APPELLANTS.

THE THURSTON LAW OFFICE, P.C., AUBURN (EARLE E. THURSTON OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Appeal from an order of the Supreme Court, Cayuga County (Thomas G. Leone, A.J.), entered January 6, 2012. The order denied the motion of plaintiffs to include the pleadings in the record for an appeal from an order entered January 28, 2011.

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

Same Memorandum as in Eldridge v Shaw ([appeal No. 1] ___ AD3d ___ [Oct. 5, 2012]).

Entered: October 5, 2012 Frances E. Cafarell Clerk of the Court