SLAZYK, FRANK N. v. DAVOLI, JOYCE

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 12-01590 PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, CARNI, AND VALENTINO, JJ.

FRANK C. SLAZYK, AS REPRESENTATIVE OF THE ESTATE OF ROSE SLAZYK, DECEASED AND FRANK N. SLAZYK, PLAINTIFFS-APPELLANTS, V ORDER JOYCE DAVOLI, DEFENDANT-RESPONDENT. (APPEAL NO. 1.)

PETER BARTLETT NICELY, BUFFALO, FOR PLAINTIFFS-APPELLANTS.

DIMATTEO LAW OFFICE, WARSAW (DAVID M. ROACH OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), granted April 4, 2012. The order granted defendant’s motion for summary judgment dismissing the complaint.

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

Entered: February 7, 2014 Frances E. Cafarell Clerk of the Court