TOWN OF AMHERST v. HILGER, ARTHUR

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 12-00802 PRESENT: SMITH, J.P., FAHEY, VALENTINO, WHALEN, AND MARTOCHE, JJ.

TOWN OF AMHERST AND GRANITE STATE INSURANCE COMPANY, PLAINTIFFS-RESPONDENTS, V ORDER ARTHUR HILGER, SALLY BISHER, DEFENDANTS-APPELLANTS, AND AARON HILGER, DEFENDANT. (APPEAL NO. 1.)

SMITH, MURPHY & SCHOEPPERLE, LLP, BUFFALO, MAURO LILLING NAPARTY LLP, WOODBURY (MATTHEW W. NAPARTY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

SHAUB, AHMUTY, CITRIN & SPRATT, LLP, LAKE SUCCESS, DEMARIE & SCHOENBORN, P.C., BUFFALO (JOSEPH DEMARIE OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

MICHAEL JAFFE, NEW YORK CITY, FOR NEW YORK STATE TRIAL LAWYERS ASSOCIATION, AMICUS CURIAE.

Appeal from an order of the Supreme Court, Erie County (Paula L.

Feroleto, J.), entered January 23, 2012. The order, among other things, granted that part of plaintiffs’ motion seeking summary judgment against defendants Arthur Hilger and Sally Bisher.

It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Hughes v Nussbaumer, Clarke & Velzy, 140 AD2d 988; Chase Manhattan Bank, N.A. v Roberts & Roberts, 63 AD2d 566, 567; see also CPLR 5501 [a] [1]).

Entered: March 22, 2013 Frances E. Cafarell Clerk of the Court