MEABON, GRANT v. TOWN OF POLAND

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 12-01578 PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, SCONIERS, AND WHALEN, JJ.

GRANT MEABON, PLAINTIFF, V MEMORANDUM AND ORDER TOWN OF POLAND, DEFENDANT. ----------------------------------- TOWN OF POLAND, THIRD-PARTY PLAINTIFF-RESPONDENT, V SHERWOOD A. CHAPMAN, DOING BUSINESS AS CADILLAC CARPENTRY, THIRD-PARTY DEFENDANT-APPELLANT. (APPEAL NO. 2.)

KENNEY SHELTON LIPTAK & NOWAK, LLP, BUFFALO (MELISSA A. FOTI OF COUNSEL), FOR THIRD-PARTY DEFENDANT-APPELLANT.

BENDER & BENDER, LLP, BUFFALO (THOMAS W. BENDER OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-RESPONDENT.

Appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered June 21, 2012. The order denied the motion of third-party defendant for leave to renew and to stay the trial.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same Memorandum as in Meabon v Town of Poland ([appeal No. 1] ___ AD3d ___ [July 19, 2013]).

Entered: July 19, 2013 Frances E. Cafarell Clerk of the Court