Opinion
No. CA 06-03519.
March 14, 2008.
Appeal from an amended order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered November 13, 2006 in a breach of contract action. The amended order, insofar as appealed from, denied defendants' motion for summary judgment.
HODGSON RUSS LLP, BUFFALO (JULIA M. HILLIKER OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
SCHOOL ADMINISTRATORS ASSOCIATION OF NEW YORK STATE, LATHAM (JOHN F. KERSHKO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
TIMOTHY G. KREMER, EXECUTIVE DIRECTOR, LATHAM (JAY WORONA OF COUNSEL), FOR NEW YORK STATE SCHOOL BOARDS ASSOCIATION, INC., AMICUS CURIAE.
Present: Hurlbutt, J.P., Lunn, Fahey, Peradotto and Pine, JJ.
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]).